State of New South Wales v King [2022] NSWSC 918

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v King [2022] NSWSC 918 Hearing dates: 17 November 2021 & 26 April 2022 Date of orders: 15 July 2022 Decision date: 15 July 2022 Jurisdiction: Common Law Before: Davies J Decision: 1. Dismiss the defendant's notice of motion filed 23 July 2021. 2. On the oral application of the plaintiff, I vary the conditions attached to the Extended Supervision Order made by RA Hulme J on 17 February 2015. 3. Pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW), direct that the defendant, for the remaining period of the extended supervision order, comply with the conditions set out in the Schedule annexed to this judgment. See end of judgment for Schedule of Conditions of Supervision Catchwords: HIGH RISK OFFENDERS – extended supervision order – application to revoke - s 13(1) Crimes (High Risk Offenders Act 2006 (NSW) – index offence of sexual intercourse with child under 10 – whether circumstances have changed sufficiently to render order unnecessary – onus on applicant – standard of proof under s 13(1B) – balance of probabilities insufficient – assessment of circumstances – psychiatric evidence – disagreement in relation to applicant's paedophilia diagnosis – numerous breaches of ESO by applicant including consumption of illicit drugs – dynamic risk factors including substance abuse and sexual preoccupation – problematic approach taken by applicant to his sexual and other behaviour – Court satisfied to high degree of probability that applicant continues to pose unacceptable risk of committing serious sex offence – application dismissed – variation appropriate – conditions varied Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) ss 3, 5B, 5C, 5D, 9, 10, 11, 12, 13, 21 Crimes (High Risk Offenders) Amendment Act 2017 (NSW) Evidence Act 1995 (NSW) s 140 Cases Cited: Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 R v King [2009] NSWCCA 117 State of New South Wales v Banks (Preliminary) [2021] NSWSC 1246 State of New South Wales v Boatswain [2014] NSWSC 1446 State of New South Wales v Carr [2020] NSWSC 643 State of New South Wales v Kay [2018] NSWSC 1235 State of New South Wales v King [2015] NSWSC 74 State of New South Wales v Mills [2019] NSWSC 298 State of New South Wales v Schmidt (Preliminary) [2019] NSWSC 52 Texts Cited: Nil Category: Principal judgment Parties: State of New South Wales (Plaintiff) Ronald Dean King (Defendant) Representation: Counsel: J Caldwell (Plaintiff) J Wilcox (Defendant)