State of New South Wales v BG (a pseudonym) (Final) [2022] NSWSC 1531

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v BG (a pseudonym) (Final) [2022] NSWSC 1531 Hearing dates: 24 October 2022 Date of orders: 10 November 2022 Decision date: 10 November 2022 Jurisdiction: Common Law Before: McNaughton 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 three years commencing on 10 November 2022. (2) Pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW), I direct that the defendant comply with the conditions set out in the Schedule annexed to this judgment for the period of the extended supervision order. Catchwords: HIGH RISK OFFENDERS – Extended supervision order – final hearing – serious sex offender – order duration and nature of some of the conditions contested by defendant – whether unacceptable risk of committing another serious offence if not kept under supervision order – application granted – extended supervision order made for three-year period subject to conditions – discussion about appropriate conditions Legislation Cited: Child Protection (Offenders Prohibition Orders) Act 2004 (NSW) Child Protection (Offenders Registration) Act 2000 (NSW) Court Suppression and Non-publication Orders Act 2010 (NSW), ss 7, 8(1)(d) Crimes Act 1900 (NSW), ss 61M, 61J, 66A Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 4, 5, 5B, 5D, 7, 9, 10A, 10C, 11, 12 Crimes (Sentencing Procedure) Act 1999 (NSW), s12 Cases Cited: Attorney General for New South Wales v Tillman [2007] NSWCA 119 Kamm v State of NSW (No 4) (2017) 95 NSWLR 179; [2017] NSWCA 189 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 New South Wales v Simcock [2016] NSWSC 1805 State of New South Wales v BG (Preliminary) [2022] NSWSC 1065. State of New South Wales v Chaplin [2019] NSWSC 471 State of New South Wales v Devaney (Final) [2022] NSWSC 60 State of New South Wales v Donovan [2015] NSWSC 1254 State of New South Wales v Hackett (Final) [2022] NSWSC 885 State of New South Wales v Heath (a pseudonym) (Final) [2022] NSWSC 365 State of New South Wales v Kaiser [2022] NSWCA 86 State of New South Wales v Kamm (Final) [2016] NSWSC 1 State of New South Wales v Wilmot (Final) [2019] NSWSC 1276 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) BG (Defendant) Representation: Counsel: D New (Plaintiff) N Broadbent / A Richards (Defendant)