State of New South Wales v Wilkinson (Final) [2021] NSWSC 782

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Wilkinson (Final) [2021] NSWSC 782 Hearing dates: 5 and 26 March 2021 Decision date: 02 July 2021 Jurisdiction: Common Law Before: Ierace J Decision: (1) Pursuant to ss 5B and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW) the defendant be subject to an extended supervision order ("the extended supervision order") for a period of two years from the date of this order; (2) Pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW), direct that the defendant, for the period of the extended supervision order, comply with the conditions set out in the Schedule of Conditions attached to this judgment; (3) Access to the Court's file in this proceeding is restricted such that access is permitted to a non-party only with the leave of a Judge of the Court, and with prior notice to the parties, so as to allow them an opportunity to be heard in respect of the application for access. Catchwords: HIGH RISK OFFENDERS – Extended supervision orders – Application – Serious sex offender – Where defendant alleged to have committed a further sexual offence in breach of interim supervision order – Whether unacceptable risk of committing another serious violent or sexual offence – Where defendant assessed as being in high risk category for re-offending – Whether unproved criminal charges a consideration under s 9(3)(h) of Crimes (High Risk Offenders) Act 2006 (NSW) – Whether unproved criminal admissions a consideration under s 9(3)(h) of Crimes (High Risk Offenders) Act 2006 (NSW) – Where extended supervision order not opposed – Where conditions of extended supervision order in dispute Legislation Cited: Crimes Act 1900 (NSW), ss 33, 61KC Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 5B, 5D, 9, 11, 21A Crimes (Serious Sex Offenders) Act 2006 (NSW), s 9 Cases Cited: State of New South Wales v Conway [2011] NSWSC 588 State of New South Wales v Conway [2011] NSWSC 976 State of New South Wales v Donovan (2015) 90 NSWLR 389; [2015] NSWCA 280 State of New South Wales v Haouchar [2018] NSWSC 1436 State of New South Wales v Veeran [2015] NSWSC 75 State of New South Wales v Wilkinson (Preliminary) [2020] NSWSC 1813 State of NSW v Thomas [2010] NSWSC 677 State of NSW v Vincent [2017] NSWSC 858 Weininger v R (2003) 212 CLR 629; [2003] HCA 14 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Brian Wilkinson (Defendant) Representation: Counsel: Mr P Aitken (Plaintiff) Ms L Jardim (Defendant)