State of New South Wales v Heath (a pseudonym) (Final) [2022] NSWSC 365

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Heath (a pseudonym) (Final) [2022] NSWSC 365 Hearing dates: 14 March 2022 Date of orders: 1 April 2022 Decision date: 01 April 2022 Jurisdiction: Common Law Before: Dhanji J Decision: (1) Pursuant to s 13(1) of the Crimes (High Risk Offenders) Act 2006 (NSW) ("the Act"), the interim supervision order made by me on 14 March 2022, and which was for a period of 28 days from 15 March 2022, is revoked. (2) Pursuant to ss 5B and 9(1)(a) of the Act, the defendant be subject to an extended supervision order ("the extended supervision order") for a period of two years from the date of the order. (3) Pursuant to s 11 of the Act, the defendant, for the period of the extended supervision order, must comply with the conditions set out in the Schedule to this judgment. Catchwords: HIGH RISK OFFENDER – final hearing – application for continuing detention order – appropriate accommodation for defendant found – continuing detention order not pressed – alternative application for extended supervision order – extensive record of offending and institutional misconduct – maximum security inmate – long periods of segregation in custody – in custody since 17 years of age – tumultuous upbringing – lack of social and community supports – comprehensive regime of supervision required – extended supervision order imposed with conditions Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 4, 5A, 5B, 5I, 9, 11, 13, 15, 18A, 18C, 25B Summary Offences Act 1988 (NSW), s 11B Firearms Act 1996 (NSW) Cases Cited: Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 Monteiro v R [2022] NSWCCA 37 State of New South Wales v Devaney (Final) [2022] NSWSC 60 State of New South Wales v Donovan [2015] NSWSC 1254 State of New South Wales v Heath (a pseudonym) [2021] NSWSC 1639 State of New South Wales v Holschier (No 2) [2018] NSWSC 1921 State of New South Wales v Mills (No 2) [2017] NSWSC 1442 State of New South Wales v Nikua (Final) [2021] NSWSC 1240 State of New South Wales v Wilkinson (Preliminary) [2020] NSWSC 1813 Winters v Attorney General of New South Wales (2008) 182 A Crim R 107; [2008] NSWCA 33 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Anthony Heath (a pseudonym) (Defendant) Representation: Counsel: C Melis (Plaintiff) D Bhutani (Defendant)