State of New South Wales v Briar (Final) [2022] NSWSC 467

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Briar (Final) [2022] NSWSC 467 Hearing dates: 14 October 2021 Date of orders: 20 October 2021 Decision date: 21 April 2022 Jurisdiction: Common Law Before: Ierace J Decision: Orders made 20 October 2021: 1) Pursuant to ss 5B and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW) the defendant be subject to an extended supervision order ("the extended supervision order") for a period of four years from the date of this order; 2) Pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW), direct that the defendant, for the period of the extended supervision order, comply with the conditions set out in the attached Schedule of Conditions; 3) Access to the Court's file in this proceeding is restricted such that access is permitted to a non-party only with the leave of a Judge of the Court, and with prior notice to the parties, so as to allow them an opportunity to be heard in respect of the application for access. Catchwords: HIGH RISK OFFENDER – final hearing – application for extended supervision order – no controversy about making of order – dispute limited to conditions imposed – discussion of appropriateness of various conditions Legislation Cited: Crimes Act 1900 (NSW), s 35 Crimes (High Risk Offenders) Act 2006 (NSW), ss 5A, 5B, 5D, 9, 11, 18B (repealed), 18C Cases Cited: State of NSW v Briar [2017] NSWSC 702 State of NSW v Briar (No 2) [2017] NSWSC 977 State of NSW v Briar (No 3) [2017] NSWSC 1255 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Shaw Briar (Defendant) Representation: Counsel: Z Khan (Plaintiff) T D Anderson SC; J Wilcox (Defendant)