State of NSW v RC (Final) [2023] NSWSC 26

Supreme Court New South Wales

Medium Neutral Citation: State of NSW v RC (Final) [2023] NSWSC 26 Hearing dates: 30 June 2022; 7 July 2022; 12 July 2022; 14 July 2022 Date of orders: 14 July 2022 Decision date: 14 July 2022 Jurisdiction: Common Law Before: Bellew J Decision: See [2]; [18] Catchwords: HIGH RISK OFFENDER – Extended Supervision Order – No point of principle Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Category: Principal judgment Parties: State of New South Wales – Plaintiff RC – Defendant Representation: Counsel: P G Aitken– Plaintiff A Cook – Defendant

Solicitors: NSW Crown Solicitor's Office– Plaintiff Legal Aid NSW – Defendant File Number(s): 2021/273476 Publication restriction: Nil

Judgment

INTRODUCTION 1. By a further amended summons filed in Court on 30 June 2022, the State of New South Wales (the plaintiff) seeks the following: 1. an order pursuant to ss 5C and 17(1)(b) of the Crimes (High Risk Offenders) Act 2006 (the Act) that RC (the defendant) be the subject of a continuing detention order for a period of up to 1 year from the date of the order (the continuing detention order); 2. an order pursuant to s 20(1) of the Act that a warrant issue for the committal of the defendant to a Correctional Centre for the period of the continuing detention order; 3. an order: 1. pursuant to ss 5B, 9(1)(a) and 25B of the Act that the defendant be subject to an extended supervision order ("the extended supervision order") commencing on the expiration of the continuing detention order (or its earlier revocation by the Court) and expiring 5 years after its commencement; and 2. pursuant to s 11 of the Act, directing the defendant, for the period of the extended supervision order, to comply with the conditions set out in the Schedule to this Amended Summon. 1. in the alternative to the above: 1. an order pursuant to s 17(1) of the Act that the defendant be subject to an extended supervision order for a period of 5 years from the date of the order; and 2. a direction pursuant to s 11 of the Act that the defendant comply with the conditions set out in the Schedule to this Amended Summons. 1. Following a hearing which extended over several days, I made orders in the following terms: 1. Pursuant to section 17(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW), the Court orders that the defendant be subject to an extended supervision order for a period of five years from the date of this order. 2. Pursuant to section 11 of the Crimes (High Risk Offenders) Act 2006 (NSW), the Court directs that the defendant comply with the conditions set out in the Schedule to this order. 1. The conditions referred to in order (2) are annexed to this judgment. 2. I indicated at the time of making those orders that my reasons for doing so would be published in due course. Those reasons now follow. Given the manner in which the hearing ultimately proceeded, and in light of the final positions of each party, those reasons can be brief.