State of New South Wales v Cornwall (Final) [2023] NSWSC 548

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Cornwall (Final) [2023] NSWSC 548 Hearing dates: 21 April 2023 Decision date: 26 May 2023 Jurisdiction: Common Law Before: Ierace J Decision: (1) Pursuant to ss 5B and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW) order that the defendant be subject to an extended supervision order ("the extended supervision order") for a period of 18 months from the date of this order; (2) Pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW), direct that the defendant, for the period of the extended supervision order, comply with the conditions set out in the attached Schedule; and (3) Access to the Court's file in respect of any document shall not be granted to a non-party without the leave of a Judge of the Court, and, if any application for access is made by a non-party in respect of any document, the parties are to be notified. Catchwords: HIGH RISK OFFENDER – Final hearing – Serious sex offender – Application for extended supervision order – Where parties agree defendant poses unacceptable risk of committing another serious offence unless kept under supervision – Where no dispute as to appropriate conditions of supervision Legislation Cited: Child Protection (Offenders Prohibition Orders) Act 2004 (NSW) Child Protection (Offenders Registration) Act 2000 (NSW), s 3A Crimes Act 1900 (NSW), ss 61D, 61I, 61J Crimes (High Risk Offenders) Act 2006 (NSW), ss 4, 5, 5B, 5D, 6, 7, 9, 12 Crimes (Serious Sex Offenders) Act 2006 (NSW) Criminal Code (Cth), s 474.22 Mental Health Act 2007 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW), s 55 Summary Offences Act 1988 (NSW), s 5 Cases Cited: Attorney General for the State of New South Wales v Cornwall [2007] NSWSC 1082 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 State of New South Wales v Cornwall (Preliminary) [2023] NSWSC 2 State of NSW v Cornwall (Preliminary) [2023] NSWSC 278 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: R McEwen (Plaintiff) J Wilcox (Defendant)