Manna v State of New South Wales [2021] NSWSC 1220

Supreme Court New South Wales

Medium Neutral Citation: Manna v State of New South Wales [2021] NSWSC 1220 Hearing dates: 2, 12 and 27 August 2021 Date of orders: 30 September 2021 Decision date: 30 September 2021 Jurisdiction: Common Law Before: Hamill J Decision: (1) Application to revoke ESO is dismissed. (2) Conditions of ESO varied – see [37(2)]. (3) Orders (1) and (2) are to take effect immediately. (4) Subject to the parties making written submissions or reaching agreement on the issue of costs, the respondent (State of New South Wales) is to pay 25% of the applicant's (Adriano Giuseppe Manna's) legal costs as agreed or assessed and based on reasonable preparation and a two-day hearing. (5) Written submissions in relation to costs are to be no greater than 4 pages in length and filed on or before 4pm on Thursday 7 October 2021. Catchwords: CIVIL LAW – high risk violent offender – extended supervision order – application for revocation – where index offence extremely grave – shooting with intent to murder – recent incidents of violence while applicant in custody – where breaches of order based on associations with gangs of outlaws – where applicant showing positive signs of rehabilitation – whether changes in circumstances justify revocation – application for revocation refused CIVIL LAW – application to vary extended supervision order – whether order administered unfairly or oppressively – where freedom to associate with elderly relatives unfairly restricted – denial of permission to urinate – walking the dog in places not pre-approved by DSO – where desire to fish unreasonably inhibited – where order otherwise enforced reasonably – conditions of order varied CIVIL LAW – costs – where primary application refused and alternative application granted in part – conduct of proceedings – discretion to award costs – 25% of reasonable costs to be allowed subject to further submissions Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 13 Cases Cited: New South Wales v Kay [2018] NSWSC 1235 State of New South Wales v Carr [2014] NSWSC 1348 State of New South Wales v Carr [2020] NSWSC 643 The State of New South Wales v Manna [2017] NSWSC 463 Category: Principal judgment Parties: Adriano Giuseppe Manna (Applicant) State of New South Wales (Respondent) Representation: Counsel: E Ozen (Applicant) A Mykkeltvedt (Respondent)