State of New South Wales v Peters (Final) [2022] NSWSC 1205

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Peters (Final) [2022] NSWSC 1205 Hearing dates: 31 August 2022 Date of orders: 08 September 2022 Decision date: 08 September 2022 Jurisdiction: Common Law Before: Wright J Decision: (1) The interim detention order made by Lonergan J on 17 February 2022 pursuant to ss 18A and 18C of the Crimes (High Risk Offenders) Act 2006 (the Act) is revoked. (2) The warrant for the committal of the defendant to a correctional centre for the duration of the interim detention order made by Lonergan J on 17 February 2022 pursuant to s 20(1) of the Act is revoked. (3) Pursuant to ss 5B and 9(1)(a) of the Act, the defendant is subject to supervision in the community under an extended supervision order for a period of 3 years commencing immediately upon the expiration of his current sentence on 10 September 2022. (4) Pursuant to s 11 of the Act, the defendant, for the period of the extended supervision order, is to comply with the conditions set out in the Schedule to these orders. (5) Access to the Court's file for any document is not to be granted to a non-party without leave of a Judge of the Court, and, if any application for access is made by a non-party in respect of 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 – Unacceptable risk of committing a serious offence – Determination of risk – Whether satisfied offender poses unacceptable risk of committing a serious offence in the circumstances – Term of extended supervision order – Appropriate conditions to be imposed in respect of the extended supervision order Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 4, 5A, 5B, 5D, 5I, 7, 9, 10, 11, 15, 18A, 18C, 20 Cases Cited: Cornwall v Attorney-General for New South Wales [2007] NSWCA 374 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 R v Peters [2002] NSWSC 1234 State of New South Wales v Chaplin [2019] NSWSC 471 State of New South Wales v Peters (Preliminary) [2022] NSWSC 109 Wilde v State of New South Wales [2015] NSWCA 28; (2015) 249 A Crim R 65 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Damien Anthony Peters (Defendant) Representation: Counsel: C McGorey (Plaintiff) M Johnston SC with D Bhutani (Defendant)