State of New South Wales v Dennis [2024] NSWSC 388

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Dennis [2024] NSWSC 388 Hearing dates: 25 March 2024 Date of orders: 12 April 2024 Decision date: 12 April 2024 Jurisdiction: Common Law Before: Yehia J Decision: (1) The plaintiff's summons filed on 22 December 2023 is dismissed. (2) The plaintiff is to pay the defendant's costs. Catchwords: HIGH RISK OFFENDER – preliminary hearing – application for Interim Supervision Order pursuant to s 10B of the Act – whether defendant is a "supervised offender" – whether index offence is a "serious violence offence" as defined in s 5A – whether a court ought to consider the evidence and circumstances constituting the elements of the offence in determining whether the index offence is a "serious violence offence" – "what matters" is the elements of the offence said to constitute a "serious violence offence" – summons dismissed Legislation Cited: Community Protection Act 1990 (Vic) Community Protection Act 1990 (Vic) Community Protection Act 1994 (NSW), s 3 Crimes Act 1900 (NSW), ss 35, 96, 98 Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 4, 5A(1), 5A(2A), 5A(3), 5B, 5H, 5I, 5I(2), 9, 24AB, 18CA Crimes (High Risk Offenders) Amendment Act 2014 (NSW) Crimes (High Risk Offenders) Amendment Act 2016 (NSW) Crimes (High Risk Offenders) Amendment Act 2017 (NSW) Crimes (Serious Sex Offenders) Act 2006 (NSW) Crimes (Serious Sex Offenders) Amendment Act 2013 (NSW) Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), s 13 Habitual Criminals Act 1905 (NSW), ss 3, 5, 13 Habitual Criminals Act 1957 (NSW) Prisons Act 1899 (NSW) The Commonwealth Constitution Cases Cited: Decision Restricted [2016] NSWSC 1052 Fardon v Attorney-General (Qld) (2004) 223 CLR 575; [2004] HCA 46 Ford v R [2020] NSWCCA 99 Kable v DPP (NSW) (1996) 189 CLR 51; [1996] HCA 24 Lynn v State of New South Wales [2019] NSWCA 300 Momcilovic v The Queen (2011) 245 CLR 1; [2011] HCA 34 Ryan v The Queen (1967) 121 CLR 205; [1967] HCA 2 State of New South Wales v Bugmy [2017] NSWSC 855 State of New South Wales v Coe (Final) [2023] NSWSC 1142 State of New South Wales v Donovan [2015] NSWSC 1254 State of New South Wales v Evers [2015] NSWSC 1231 State of New South Wales v Green (Final) [2013] NSWSC 1003 State of New South Wales v King (Final) [2019] NSWSC 151 State of New South Wales v Lynn [2013] NSWSC 1147 State of New South Wales v Lynn [2015] NSWSC 665 State of New South Wales v Lynn (Final) [2019] NSWSC 580 State of New South Wales v Mackey [2015] NSWSC 514 State of New South Wales v Rush (Final) [2022] NSWSC 984 State of New South Wales v Wilkinson (Preliminary) [2020] NSWSC 1813 Wilde v State of New South Wales (2015) 249 A Crim R 65; [2015] NSWCA 28 Winters v Attorney-General of New South Wales (2008) 182 A Crim R 107; [2008] NSWCA 33 Texts Cited: Crimes (High Risk Offenders) Amendment Bill 2014 (NSW) Crimes (High Risk Offenders) Amendment Bill 2016 (NSW) Crimes (High Risk Offenders) Amendment Bill 2017 (NSW) Crimes (Serious Sex Offenders) Amendment Bill 2013 (NSW) Crimes (Serious Sex Offenders) Bill 2006 (NSW) Explanatory Note, Crimes (High Risk Offenders) Amendment Bill 2016 (NSW) Explanatory Note, Crimes (High Risk Offenders) Amendment Bill 2017 (NSW) New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 11 October 2017 New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 20 February 2013 New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 4 May 2016 New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 29 March 2006 NSW Department of Justice and Attorney-General, Review of the Crimes (Serious Sex Offenders) Act 2006 (2010), (November 2010) NSW Sentencing Council, High-Risk Violent Offenders: Sentencing and Post-Custody Management Options, (May 2012) T Tulich, "Post-Sentence Preventative Detention and Extended Supervision of High Risk Offenders in New South Wales", (2015), 38(2) UNSW Law Journal Category: Procedural rulings Parties: State of New South Wales (Plaintiff) Shane Barry Dennis (Defendant) Representation: Counsel: M Dalla-Pozza (Plaintiff) Dr J Lucy (Defendant)