State of New South Wales v Nixon (Final) [2023] NSWSC 106

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Nixon (Final) [2023] NSWSC 106 Hearing dates: 9 February 2023 Date of orders: 20 February 2023 Decision date: 20 February 2023 Jurisdiction: Common Law Before: Dhanji J Decision: (1) Pursuant to s 13(1) of the Crimes (High Risk Offenders) Act 2006 (NSW), the interim supervision order made by McNaughton J on 18 November 2022, is revoked. (2) Pursuant to ss 5B and 9(1)(a) of Crimes (High Risk Offenders) Act 2006 (NSW), the defendant be subject to an extended supervision order for a period of two years from today's date. (3) Pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW), the defendant, for the period of the extended supervision order, must comply with the conditions set out in the Schedule to this judgment. (4) Access to the court file in respect of any document in this proceeding shall not be granted to a non-party without the leave of a judge of the Court. 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 – final hearing – serious sexual offending – whether unacceptable risk of committing a serious offence– extended supervision order not opposed by defendant – length of supervision not opposed – dispute limited to conditions related to employment –commendably efficient conduct of case – extended supervision order imposed. Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 State of New South Wales v Donovan [2015] NSWSC 1254 State of New South Wales v Holschier (No 2) [2018] NSWSC 1921 State of New South Wales v Kamm (Final) [2016] NSWSC 1 State of New South Wales v Nixon (Preliminary) [2022] NSWSC 1561 State of New South Wales v Wilkinson (Preliminary) [2020] NSWSC 1813 Winters v Attorney General of New South Wales (2008) 182 A Crim R 107; [2008] NSWCA 33 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Daiman Carl John Nixon also known as Damien Carl John Nixon (Defendant) Representation: Counsel: M Dalla-Pozza (Plaintiff) KH Averre MBE (Defendant)