State of New South Wales v Costigan (Final) [2022] NSWSC 86

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Costigan (Final) [2022] NSWSC 86 Hearing dates: 7 February 2022 Decision date: 09 February 2022 Jurisdiction: Common Law Before: Adamson J Decision: 1. Pursuant to ss 5B and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW) (the Act), make an extended supervision order in respect of the defendant for a period of three years from the date of this order on the conditions specified in the Schedule of Conditions to these reasons (the Conditions). 2. Direct the defendant, pursuant to s 11 of the Act, to comply with the Conditions for the period of the extended supervision order made in order (1) above. 3. An order that access to the Supreme Court's file in respect of any document shall not be granted to a non-party without the leave of a judge of the Court, and, if any application for access is made by a non-party in respect of any document, the parties are to be notified by the Registrar so as to allow them an opportunity to be heard in relation to the application of access. Catchwords: HIGH RISK OFFENDERS — Extended supervision orders — Application HIGH RISK OFFENDERS — Extended supervision orders — Unacceptable risk of committing a serious offence — Determination of risk — consideration of criminal history — where only one serious violence offence — where multiple violent offences Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 4A, 5A, 5B, 5I, 9 Crimes Act 1900 (NSW), s 35 Cases Cited: Minister for Immigration v Guo (1997) 191 CLR 559; [1997] HCA 22 State of New South Wales v Costigan (Preliminary) [2021] NSWSC 1386 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Brian Costigan (Defendant) Representation: Counsel: K Curry (Plaintiff) T Edwards (Defendant)