State of New South Wales v WXN1 (Final) [2023] NSWSC 1191

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v WXN1 (Final) [2023] NSWSC 1191 Hearing dates: 5 October 2023 Date of orders: 09 October 2023 Decision date: 09 October 2023 Jurisdiction: Common Law Before: Schmidt AJ Decision: 1. Pursuant to ss. 5B and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 ("the Act"), the Defendant is subject to an extended supervision order ("the extended supervision order") for a period of three (3) years from the date of the order. 2. Pursuant to s. 11 of the Act, the Defendant is directed, for the period of the extended supervision order, to comply with the conditions set out in Schedule to this Order. Catchwords: HIGH RISK OFFENDERS – final hearing – extended supervision order – interim supervision order previously made – where three-year extended supervision order agreed – dispute about single condition resolved prior to hearing – whether statutory requirements satisfied and Court can have required satisfaction that defendant continues to pose an unacceptable risk of committing another serious offence if not kept under the proposed supervision – extended supervision order imposed Legislation Cited: Child Protection (Offenders Prohibition Orders) Act 2004 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) ss 5, 5B, 5D, 5I, 6, 7, 9, 20(1) 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 State of New South Wales v NW [2019] NSWSC 415 State of New South Wales v NW (No 3) (Preliminary) [2019] NSWSC 1510 State of New South Wales v WXN1 (Preliminary) [2023] NSWSC 883 State of NSW v NW (Preliminary) [2019] NSWSC 999 State of NSW v WXN1 [2020] NSWSC 993 TSL v Secretary to the Department of Justice (2006) 14 VR 109; [2006] VSC 199 Category: Principal judgment Parties: State of New South Wales (Plaintiff) WXN1 (Defendant) Representation: Counsel: Ms N Evan (Plaintiff) Mr J Wilcox (Defendant)