State of NSW v Cohen (Final) [2023] NSWSC 572

Supreme Court New South Wales

Medium Neutral Citation: State of NSW v Cohen (Final) [2023] NSWSC 572 Hearing dates: 4 and 24 May 2023 Date of orders: 31 May 2023 Decision date: 31 May 2023 Jurisdiction: Common Law Before: Chen J Decision: (1) Order the amended summons filed 4 May 2023 be dismissed. (2) Order the plaintiff to pay the defendant's costs of the proceedings in this Court. (3) Pursuant to s. 13(1) of the Crimes (High Risk Offenders) Act 2006, the interim supervision order made by Justice Rothman on 22 February 2023 and renewed by Justice Yehia on 17 March 2023 and 13 April 2023 is revoked. Catchwords: HIGH RISK OFFENDER – application for extended supervision order – whether there is an unacceptable risk that the defendant will commit a serious offence – application dismissed Legislation Cited: Crimes Act 1900 (NSW) Crimes (Administration of Sentences) Act 1999 Crimes (Administration of Sentences) Regulation 2014 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Criminal Procedure Act 1986 (NSW) Evidence Act 1995 (NSW) Firearms Act 1996 (NSW) Cases Cited: Attorney General for New South Wales v Tillman [2007] NSWCA 119 Attorney General for the State of New South Wales v Steadman [2016] NSWSC 174 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588; [2011] HCA 21 Kamm v State of New South Wales (No 4) (2017) 95 NSWLR 179; [2017] NSWCA 189 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 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 Cohen (Preliminary) [2023] NSWSC 132 State of New South Wales v Devaney (Final) [2019] NSWSC 1551 State of New South Wales v Donovan [2015] NSWCA 280 State of New South Wales v Golding (Preliminary) [2018] NSWSC 1041 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 Shields (Preliminary) [2022] NSWSC 469 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 Tannous v State of New South Wales (2020) 103 NSWLR 183; [2020] NSWCA 261 Category: Principal judgment Parties: State of New South Wales (plaintiff) Matthew Cohen (defendant) Representation: Counsel: K Curry (plaintiff) E Kerkyasharian (defendant)