State of New South Wales v Burke (Final) [2024] NSWSC 119

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Burke (Final) [2024] NSWSC 119 Hearing dates: 6 February 2024 Date of orders: 16 February 2024 Decision date: 16 February 2024 Jurisdiction: Common Law Before: Huggett J Decision: (1) I revoke the Interim Supervision Order made by Justice Sweeney on 5 October 2023 as referred to in paragraph [2]; (2) Pursuant to ss 5B and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW), I order that the defendant be subject to an extended supervision order for a period of three years from the date of the order; (3) Pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW), I direct that for the period of the extended supervision order, the defendant comply with the conditions set out in Schedule A to Order 1; (4) Access to the Supreme Court 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 OFFENDERS — application for extended supervision order — contact and non-contact sexual offending in relation to children – unacceptable risk test met – dispute about duration of order and conditions – index offences committed while on parole – order imposed Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW) Crimes (High Risk Offenders) Act 2006 (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 State of New South Wales v Burke (Preliminary) [2023] NSWSC 1189 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Andrew Mark Burke (Defendant) Representation: Counsel: A Mykkeltvedt (Plaintiff) J Wilcox (Defendant)