State of New South Wales v Rush (Final) [2022] NSWSC 984

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Rush (Final) [2022] NSWSC 984 Hearing dates: 20 July 2022 Date of orders: 22 July 2022 Decision date: 22 July 2022 Jurisdiction: Common Law Before: Yehia J Decision: (1) Pursuant to ss 5B and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW), I order that the defendant be subject to an Extended Supervision Order for a period of two years from midnight on 10 August 2022. (2) Pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW), I direct that the defendant, for the period of the Extended Supervision Order, comply with the conditions as attached to this judgment. (3) I order that access to the Supreme Court's file in respect of any document shall not be granted to a non-party without the leave of a Judge of the Court, and, if any application for access is made by a non-party for any document, the parties are to be notified by the Registrar so as to allow them an opportunity to be heard in relation to the application for access. Catchwords: HIGH RISK OFFENDER – Extended Supervision Order – IQ in low/average range – Use of "plain English conditions" – Conditions must not be unjustifiably onerous Legislation Cited: Child Protection (Offenders Registration) Act 2002 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 4A, 5B, 5I, 7, 9, 10A and 11 Cases Cited: Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Lynn v State of New South Wales [2016] NSWCA 57; (2016) 91 NSWLR 636 State of New South v Rush (Final) [2019] NSWSC 582 State of New South Wales v Bugmy [2017] NSWSC 855 State of New South Wales v Chaplin [2019] NSWSC 471 State of New South Wales v De Vries (Final) [2022] NSWSC 247 State of New South Wales v Devaney (Final) [2022] NSWSC 60 State of New South Wales v Green (Final) [2013] NSWSC 1003 State of New South Wales v Hill (No 4) [2010] NSWSC 1504 State of New South Wales v Holschier (No 3) [2019] NSWSC 341 State of New South Wales v Holschier (No. 2) [2018] NSWSC 1921 State of New South Wales v Kamm (Final) [2016] NSWSC 1 State of New South Wales v Loto [2018] NSWSC 1522 State of New South Wales v Neal [2018] NSWSC 1806 State of New South Wales v Nikua (Final) [2021] NSWSC 1240 State of New South Wales v Pacey (Final) [2015] NSWSC 1983 State of New South Wales v Rush [2022] NSWSC 608 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 State of New South Wales v Wilkinson (Preliminary) [2020] NSWSC 1813 State of NSW v Azar (Final) [2021] NSWSC 216 State of NSW v Green [2013] NSWSC 1003 Winters v Attorney General of New South Wales [2008] NSWCA 33; (2008) 182 A Crim R 107 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Shayne Rush (Defendant) Representation: Counsel: C McGorey (Plaintiff) Z Alderton (Defendant)