State of New South Wales v Ariesen [2023] NSWSC 1510

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Ariesen [2023] NSWSC 1510 Hearing dates: 1 December 2023 Date of orders: 7 December 2023 Decision date: 07 December 2023 Jurisdiction: Common Law Before: Schmidt AJ Decision: I will make the interim orders agreed, imposing the conditions sought by the State, as amended by the conclusions I have reached about the remaining disputed conditions. I direct the State to prepare and file orders to give effect to the conclusions I have reached by 4 pm today, whereupon they will be entered and adjourn the matter for directions at 9.30am on Thursday, 14 December 2023 before Justice Yehia. Catchwords: HIGH RISK OFFENDERS — Extended supervision orders — Whether interim supervision orders should be made — Whether unacceptable risk of committing a further serious sexual offence posed — Assessment of risk — Crimes (High Risk Offenders) Act 2006 (NSW) — Risk assessments of risks posed — History of relevant offending — High degree of probability that defendant does pose an unacceptable risk of committing a serious sexual offence if not kept under the proposed supervision — What conditions of supervision should be imposed — Orders made Legislation Cited: Crimes Act 1900 (NSW), ss 66DB, 61M(1) Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 3(1), 5, 5B, 5(I), 6(1), 7(4), 9, 9(3), 10A, 12, Crimes (Sentencing Procedure) Act 1999 (NSW), s 9(1) Cases Cited: Lynn v The State of New South Wales [2016] NSWCA 57; 91 NSWLR 636 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Steven Ariesen (Defendant) Representation: Counsel: T Hammond (Plaintiff) G Heathcote (Defendant) Solicitors: Crown Solicitors (Plaintiff) Proctor & Associates (Defendant) File Number(s): 2023/204047 Publication restriction: Nil.