State of New South Wales v SLD (Final) [2023] NSWSC 978

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v SLD (Final) [2023] NSWSC 978 Hearing dates: 11 and 27 June 2023 Date of orders: 18 August 2023 Decision date: 18 August 2023 Jurisdiction: Common Law Before: Campbell J Decision: (1) Under s 5(b) and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW) the defendant is subject to an extended supervision order for a period of 5 years from today. (2) Under s 11 of the said Act, the defendant is to comply with the conditions of the extended supervision order as set out in the schedule to the amended summons filed in court on 11 July 2023 for the duration of the order; (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 by the Registrar so as to allow them an opportunity to be heard in relation to the application for access; (4) Note that s 15A Children (Criminal Proceedings) Act 1987 (NSW) applies to prohibit the publication of the identity of the defendant, except in accordance with its terms. Catchwords: HIGH RISK OFFENDERS — Crimes (High Risk Offenders) Act 2006 (NSW) — defendant's index offending occurred when aged 13 — murder of 3-year-old female neighbour — defendant previously subject to final continuing detention order — consideration of expert evidence — defendant had a deprived childhood — multiple expert opinions — Severe Personality Disorder with antisocial and psychopathic features — Psychopathic Personality Disorder and Anti-Social Personality Disorder — expert opined that the broad consensus amongst assessing experts is that SLD's main presenting feature is severe Personality Disorder — well satisfied to the requisite high degree of probability that SLD poses an unacceptable risk of committing a serious violence offence and serious sexual offence — no dispute between the parties as to the necessity of an extended supervision order — not beneficial for SLD to remain on a continuing detention order — dispute as to whether the extended supervision order should be 4 or 5 years in duration — the conditions have discretionary flexibility if SLD makes good progress Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), s 15A Crimes (High Risk Offenders) Act 2016 (NSW), ss 5B, 5C, 7, 9, 11, 10C, 13B, 17, 20 Cases Cited: R v SLD [2003] NSWCCA 310 State of New South Wales v SLD (Final) [2021] NSWSC 409 State of New South Wales v SLD (Preliminary) [2020] NSWSC 1803 State of New South Wales v SLD (Preliminary) [2023] NSWSC 330 Category: Principal judgment Parties: State of New South Wales (Plaintiff) SLD (Defendant) Representation: Counsel: T Hammond; P Aitken (27 July 2023) (Plaintiff) M Johnston SC with D Bhutani (alone on 27 July 2023) (Defendant)