State of New South Wales v Cornwall (Preliminary) [2023] NSWSC 278

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Cornwall (Preliminary) [2023] NSWSC 278 Hearing dates: 6 March 2023 Date of orders: 6 March and 28 March 2023 Decision date: 28 March 2023 Jurisdiction: Common Law Before: N Adams J Decision: See [148] and [149] Catchwords: HIGH RISK OFFENDER – threshold jurisdictional issue raised – whether the defendant is a supervised offender while subject to a recognizance release order under s 20 of the Crimes Act 1914 (Cth) for the purpose of the Crimes (High Risk Offenders) Act 2006 (NSW) – meaning of "serving a sentence of imprisonment" and "under supervision" in ss 5I and 6 of the Crimes (High Risk Offenders) Act – summons filed too early – summons dismissed HIGH RISK OFFENDER – application for extended supervision order – preliminary hearing – defendant sentenced for multiple offences of sexually assaulting women at knifepoint – risk of committing a serious violence offence – previous breaches – long history of sexual paraphilia – various statistical measures of risk – no opposition to order being made Legislation Cited: Child Protection (Offenders Prohibition Orders) Act 2004 (NSW) Child Protection (Offenders Registration) Act 2000 (NSW), s 3A Crimes Act 1900 (NSW), ss 61J, 61I Crimes Act 1914 (Cth), ss 16F(2)(a), 20, 20A Crimes (High Risk Offenders) Act 2006 (NSW), ss 4, 5(1), 5B, 5D, 5I(1)(2), 6(1), 9, 13B Criminal Code Act 1995 (Cth), s 474.22 Mental Health Act 2007 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Attorney General for the State of New South Wales v Cornwall [2007] NSWSC 1082 CDPP v Bozana Fabri [2008] NSWSC 655 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Johnsson v Regina [2007] NSWCCA 192 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 R v Carngham (1978) 140 CLR 487; [1978] HCA 48 R v Smith [2004] QCA 417 State of New South Wales v Cornwall (Preliminary) [2023] NSWSC 2 State of New South Wales v Holschier (No 3) [2019] NSWSC 341 State of New South Wales v Pacey (Final) [2015] NSWSC 1983 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 State of New South Wales v TT (Preliminary) [2017] NSWSC 1797 State of New South Wales v Vincent (Preliminary) (No 2) (2020) 101 NSWLR 961; [2020] NSWSC 590 State of NSW v NW [2019] NSWSC 415 The State of New South Wales v Cornwall [2015] NSWSC 742 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Raymond Barry Cornwall (Defendant) Representation: Counsel: Ms R McEwen (Plaintiff) Mr J Wilcox (Defendant)