State of New South Wales v Coe (Final) [2023] NSWSC 1142

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Coe (Final) [2023] NSWSC 1142 Hearing dates: 7 September 2023 Date of orders: 22 September 2023 Decision date: 22 September 2023 Jurisdiction: Common Law Before: N Adams J Decision: (1) Pursuant to ss 5B and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW) (the Act) I order that Mr Coe be subject to an extended supervision order for a period of three years commencing on 22 September 2023. (2) Pursuant to s 11 of the Act, I direct that for the period of the extended supervision order Mr Coe comply with the conditions set out in Schedule A to order 1. (3) Access to the Supreme 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. Catchwords: HIGH RISK OFFENDER – application for extended supervision order – violent offending – whether conspiring to discharge a firearm with intent to cause grievous bodily harm is a "serious violence offence" – unacceptable risk test met – dispute about duration of order and conditions – lengthy criminal history including violent offending – index offence committed while on parole – significant and encouraging progress since release – several prosocial factors – order imposed Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), ss 2 (1)(ii), 3, 4, 5, 5A, 5B, 5D, 5I, 7(3), 9 Crimes (Serious Sex Offenders) Amendment Bill 2013 (NSW) Cases Cited: Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 R v Coe [2019] NSWDC 236 State of New South Wales v Burns [2014] NSWSC 1014 State of New South Wales v Coe (Preliminary) [2023] NSWSC 644 State of New South Wales v Loto [2018] NSWSC 1522 State of New South Wales v Pacey (Final) [2015] NSWSC 1983 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Andrew Coe (Defendant) Representation: Counsel: Mr J Emmett SC with Mr E Lovell-Jones Mr G Marsden