State of New South Wales v Howard [2022] NSWSC 456

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Howard [2022] NSWSC 456 Hearing dates: 11 April 2022 Date of orders: 19 April 2022 Decision date: 19 April 2022 Jurisdiction: Common Law Before: Harrison J Decision: (1) Order that Kevin Howard be the subject of an extended supervision order for a period of three years commencing on 28 April 2022. (2) Direct that Kevin Howard, for the period of the extended supervision order, comply with the conditions set out in the Schedule. Catchwords: HIGH RISK OFFENDER – convictions for serious sexual and violence offences – application for extended supervision order pursuant to Crimes (High Risk Offenders) Act 2006 (NSW) – whether unacceptable risk of re-offending if not supervised – whether the duration and conditions proposed by the plaintiff are appropriate Legislation Cited: Crimes Act 1900 (NSW), ss 61M(2), 66A, 91G(1)(a), 91H(3) Crimes (High Risk Offenders) Act 2006 (NSW), ss 5B, 5I, 9(1)(a), 11 Cases Cited: State of NSW v Howard (Preliminary) [2022] NSWSC 41 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Kevin Howard (Defendant) Representation: Counsel: L Gallagher (Plaintiff) D Bhutani (Defendant)

Solicitors: Crown Solicitor's Office (Plaintiff) Legal Aid NSW (Defendant) File Number(s): 2021/283698 Publication restriction: Nil

Judgment 1. HIS HONOUR: By summons filed on 5 October 2021, the State of New South Wales seeks final orders against Kevin Howard pursuant to the Crimes (High Risk) Offenders Act 2006 ss 5B, 9(1)(a) and 11. Mr Howard is currently subject to an interim supervision order imposed by Button J on 3 February 2022: see State of NSW v Howard (Preliminary) [2022] NSWSC 41. Familiarity with that decision is assumed. 2. The State now seeks the imposition of an extended supervision order for a period of five years subject to certain conditions. Although I am required independently to exercise a discretion concerning the question of whether to impose any such order and on what terms, Mr Howard has uncontroversially accepted for present purposes, and I otherwise find, that: 1. He has served a period of imprisonment for a serious sexual offence: s 5B(a); 2. He is a supervised offender: s 5B(b); and 3. The present application has been made in accordance with the requirements set out in s 5I: s 5B(c). 1. I am also required to be satisfied to a high degree of probability that Mr Howard poses an unacceptable risk of committing another serious sexual offence: s 5B(d). Mr Howard is not able to consent to any decision by me on that issue but specifically noted in writing that he did not wish to make any submissions about it. Accordingly, it is only the following matters that remain for determination by me: 1. Can I be satisfied that Mr Howard poses an unacceptable risk of committing another serious sexual offence if not kept under supervision under a continuing supervision order? [Issue (1)] 2. If yes to (1), 1. what should be the duration of any such continuing supervision order [Issue (2)(a)], and 2. what conditions are appropriate to be imposed [Issue 2(b)]?