State of New South Wales v DK by his Tutor JGK (Final) [2022] NSWSC 1372

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v DK by his Tutor JGK (Final) [2022] NSWSC 1372 Hearing dates: 26 September 2022 Date of orders: 13 October 2022 Decision date: 13 October 2022 Jurisdiction: Common Law Before: Campbell J Decision: (1) Under s 9(1)(a) Crimes (High Risk Offenders) Act 2006 (NSW), the defendant is subject to an extended supervision order for a period of 5 years commencing on 23 October 2022; (2) Under s 11 of the said Act, direct that the defendant is to comply with the conditions set out in the schedule to this judgment for the duration of the extended supervision order. Catchwords: HIGH RISK OFFENDERS – Crimes (High Risk Offenders) Act 2006 – extended supervision orders – final hearing – serious sexual offending – where defendant already subject to ESO – imposition of scheduling conditions – application granted Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), s 15A Crimes Act 1900 (NSW), ss 61M, 61O, 66, 66A Crimes (High Risk Offenders) Act 2006 (NSW), ss 5B, 5C, 5I, 6, 7, 9, 10, 11, 17, 21 Cases Cited: State of New South Wales v DK [2018] NSWSC 53 State of New South Wales v DK (Preliminary) [2022] NSWSC 993 Category: Principal judgment Parties: State of New South Wales (Plaintiff) DK by his Tutor JGK (Defendant) Representation: Counsel: J.S. Caldwell (Plaintiff) S.M. Fernando (Defendant)

Solicitors: Crown Solicitors Office (Plaintiff) Legal Aid NSW (Defendant) File Number(s): 2022/164731 Publication restriction: Section 15A Children (Criminal Proceedings Act) 1987 (NSW). The name of the defendant must not be published or broadcast in a way that connects him with the criminal proceedings referred to in this judgment.