State of New South Wales v Colebrook [2023] NSWSC 792

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Colebrook [2023] NSWSC 792 Hearing dates: 10 July 2023 Date of orders: 14 July 2023 Decision date: 14 July 2023 Jurisdiction: Common Law Before: Davies J Decision: 1. Pursuant to s 13(1) of the Crimes (High Risk Offenders) Act 2006 (NSW), the extended supervision order made by Adamson J on 1 December 2016 in State of NSW v Colebrook [2016] NSWSC 1702 is revoked. Catchwords: HIGH RISK OFFENDERS – extended supervision orders – application for revocation – sexual offending occurred 27 years ago – defendant released on parole eight years ago – ESO imposed seven years ago – where repeated ESO breaches result in incarceration – positive drug tests – no further sexual offending – application to revoke order brought by the State – defendant supports application – evidence of significant changes in behaviour and attitude of defendant – length of time since index offences – Court independently satisfied of material change in circumstances – where defendant is currently on a Community Correction Order for 18 months – Court not satisfied to high degree of probability that defendant poses an unacceptable risk – order revoked Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) ss 5B, 5C, 9, 10, 13 Cases Cited: State of New South Wales v Banks (Preliminary) [2021] NSWSC 1246 State of New South Wales v Carr [2020] NSWSC 643 State of New South Wales v Fisk [2013] NSWSC 364 State of New South Wales v King [2022] NSWSC 918 State of New South Wales v Manners [2008] NSWSC 1242 State of New South Wales v Paton [2020] NSWSC 1707 State of New South Wales v Paton (Preliminary) [2020] NSWSC 1178 State of NSW v Colebrook [2016] NSWSC 1702 Texts Cited: Nil Category: Procedural rulings Parties: State of New South Wales (Plaintiff) Daniel Michael Colebrook (Defendant) Representation: Counsel: P Aitken (Plaintiff) J Wilcox (Defendant)