State of New South Wales v Brooks (Final) [2023] NSWSC 1175

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Brooks (Final) [2023] NSWSC 1175 Hearing dates: 4 October 2023 Date of orders: 18 October 2023 Decision date: 18 October 2023 Jurisdiction: Common Law Before: Davies J Decision: 1. An order pursuant to ss 5B and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 ("the Act") that the defendant be subject to an extended supervision order for a period of 18 months from 20 October 2023 ("the extended supervision order"). 2. An order pursuant to s 11 of the Act, directing that the defendant, for the period of the extended supervision order, comply with the conditions set out in the Schedule to this judgment. 3. An order that 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 of access. See end of judgment for Schedule of Conditions of Supervision Catchwords: HIGH RISK OFFENDER – application for extended supervision order – sexual offending occurred over 10 years ago – four offences in four years of increasing seriousness - defendant released on parole two years ago – whether defendant poses unacceptable risk of committing another serious offence – satisfied to a high degree of probability based on psychiatric and psychological reports about defendant's character, attitudes, lack of insight, and high risk classification on protocols for future offending – held 18 months appropriate duration for ESO – relevance of certain conditions to level of risk – some conditions too widely drawn or unnecessary given risk defendant presents - extended supervision order granted Legislation Cited: Crimes Act 1900 (NSW) ss 61K, 61L Crimes (High Risk Offenders) Act 2006 (NSW) ss 5B, 9 Cases Cited: State of New South Wales v Brooks (Preliminary) [2023] NSWSC 877 Texts Cited: Nil Category: Principal judgment Parties: State of New South Wales (Plaintiff) Jason Brooks (Defendant) Representation: Counsel: P Aitken & R Thampapillai (Plaintiff) Dr A Hughes (Defendant)