State of New South Wales v Davis (Final) [2021] NSWSC 837

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Davis (Final) [2021] NSWSC 837 Hearing dates: 24 June 2021 Date of orders: 22 July 2021 Decision date: 22 July 2021 Jurisdiction: Common Law Before: Rothman J Decision: The Court makes the following Directions: (1) The plaintiff shall file and serve Short Minutes of Order, including the Conditions, reflecting the foregoing reasons for judgment, within two working days of the date of judgment; (2) Liberty will be granted in relation to any clarification of the Conditions and/or objection on the basis that the Short Minutes of Order do not reflect the reasons for judgment and for either or both parties to deal with the issue of alcohol consumption. Catchwords: HIGH RISK OFFENDERS – Extended Supervision Orders – High probability of re-offending – unacceptable risk – significant agreement – duration of ESO – dispute as to conditions. Legislation Cited: Child Protection (Offenders Prohibition) Orders Act 2004 (NSW) s 13 Crimes (High Risk Offenders) Act 2006 (NSW) ss 9; s 5B; s 5D; 5I; 12 Evidence Act 1995 (NSW) ss 84; 90 Cases Cited: Baldwin v State of New South Wales (2020) 102 NSWLR 447; [2020] NSWCA 112 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89; [2007] HCA 22 State of New South Wales v AA (Preliminary) [2021] NSWSC 566 State of New South Wales v Ceissman [2018] NSWSC 508 State of New South Wales v Davis [2008] NSWSC 490 State of New South Wales v Davis (Preliminary) [2020] NSWSC 754 State of New South Wales v Davis (No 2) [2021] NSWSC 625 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 State of New South Wales v Thurston [2018] NSWSC 421 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Stephen Davis (Defendant) Representation: Counsel: J. Davidson (Plaintiff) D. Bhutani (Defendant)