State of New South Wales v MAK [2021] NSWSC 875

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v MAK [2021] NSWSC 875 Hearing dates: 19 July 2021 Date of orders: 23 July 2021 Decision date: 23 July 2021 Jurisdiction: Common Law Before: Harrison J Decision: Application for extended supervision order dismissed with costs. Catchwords: HIGH RISK OFFENDER – serious sex offender – application for an extended supervision order – whether offender poses unacceptable risk of committing another serious offence without supervision – where offender currently living in community following release on parole – where psychiatric and risk assessment reports suggest limited to no risk of offender committing another serious sexual offence of same type – where reports suspect or fear that offender is at some possible risk of committing intrarelationship sexual violence but no history of him having done so – where offender has manageable schizophrenia secondary to acquired brain injury which presents some likelihood of reducing risk of reoffending – where State has not satisfied test of unacceptable risk to high degree of probability Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: State of New South Wales v Pacey [2015] NSWSC 1983 Category: Principal judgment Parties: State of New South Wales (Plaintiff) MAK (Defendant) Representation: Counsel: P Aitken (Plaintiff) R Pettit (Defendant)

Solicitors: Crown Solicitor's Office (Plaintiff) Ryan Payten Le (Defendant) File Number(s): 2021/147829 Publication restriction: Nil