State of New South Wales v Presta (Final) [2022] NSWSC 490

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Presta (Final) [2022] NSWSC 490 Hearing dates: 11 November 2021 Date of orders: 19 November 2021 Decision date: 28 April 2022 Jurisdiction: Common Law Before: Ierace J Decision: Orders made 19 November 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 one year 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 Schedule of Conditions attached to these orders. (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 – whether the offender poses an unacceptable risk of committing another serious offence Legislation Cited: Crimes Act 1900 (NSW), ss 61J, 90A Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 4, 5, 5B, 5D, 5I, 6, 7, 9, 11, 21A Crimes (Sentencing Procedure) Act 1999 (NSW), s 33 Sentencing Act 1989 (NSW), s 5(2) Cases Cited: R v Presta [2000] NSWCCA 40 State of New South Wales v Presta (No 2) [2016] NSWSC 1154 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Bruno Presta (Defendant) Representation: Counsel: Mr L Fernandez (Plaintiff) Mr E Kerkyasharian; Mr W Burton (Defendant)