State of New South Wales v Partington (Final) [2022] NSWSC 1492

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Partington (Final) [2022] NSWSC 1492 Hearing dates: 1 November 2022 Decision date: 03 November 2022 Jurisdiction: Common Law Before: Adamson J Decision: (1) Order, pursuant to s 5B and s 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW), that the defendant be subject to an extended supervision order for a period of 5 years from the date of the order. (2) Direct, pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW), that the defendant comply with the conditions set out in the Schedule to these reasons for the duration of the extended supervision order in (1) above. (3) Authorise the provision of any reports prepared by court-appointed experts pursuant to order (2) made by Walton J on 18 June 2019 to Corrective Services NSW, any agency involved in the defendant's supervision, and the defendant's treating clinician(s) or health care practitioner(s). (4) Order that non-parties are not permitted to access the Court's file in this proceeding unless a judge of the Court has, after having provided an opportunity for the parties to be heard, granted leave. Catchwords: HIGH RISK OFFENDERS — Extended supervision orders — Term of — determination of appropriate term to achieve protective and rehabilitative purpose HIGH RISK OFFENDERS — Extended supervision orders — Conditions — consideration of appropriateness of conditions Legislation Cited: Crimes Act 1900 (NSW), ss 33, 35, 59, Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 13 Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 5A, 5B, 9, 11, 15, 18C Crimes (Sentencing Procedure) Act 1999 (NSW), s 10A Cases Cited: State of New South Wales v Partington (Preliminary) [2019] NSWSC 732 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Shane Partington (Defendant) Representation: Counsel: I Fraser (Plaintiff) J Wilcox (Defendant)