State of New South Wales v Silapa (Final) [2024] NSWSC 1151

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Silapa (Final) [2024] NSWSC 1151 Hearing dates: 3 September 2024 Date of orders: 12 September 2024 Decision date: 12 September 2024 Jurisdiction: Common Law Before: Walton J Decision: The Court directs that the plaintiff bring in Short Minutes of Order reflecting this decision by 4:00pm on Friday 13 September 2024. Catchwords: HIGH RISK OFFENDER – final hearing – application for an extended supervision order pursuant to the Crimes (High Risk Offenders) Act 2006 (NSW) – consideration of factors in s 9 of the Crimes (High Risk Offenders) Act 2006 (NSW) – single index offence – unacceptable risk of further serious offending if not supervised under an extended supervision order – duration of extended supervision order – disputed conditions – condition not to threaten or abuse departmental supervising officer – extended supervision order made with conditions for a period of 3 years Legislation Cited: Crimes (Domestic and Personal Violence) Act 2017 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: Attorney General for New South Wales v Tillman [2007] NSWCA 119 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 New South Wales v Kamm (Final) [2016] NSWSC 1 New South Wales v Sturgeon (No 2) [2019] NSWSC 883 State of New South Wales v Ali [2010] NSWSC 1045 State of New South Wales v Ayoub [2023] NSWSC 479 State of New South Wales v Boney (Final Hearing) [2020] NSWSC 1375 State of New South Wales v Bugmy [2017] NSWSC 855 State of New South Wales v Burns [2014] NSWSC 1014 State of New South Wales v Donovan [2015] NSWSC 1254 State of New South Wales v Green (Final) [2013] NSWSC 1003 State of New South Wales v KW (Preliminary) [2023] NSWSC 397 State of New South Wales v Lett (Final) [2019] NSWSC 1210 State of New South Wales v Ley Thomas Baker (No 2) [2015] NSWSC 483 State of New South Wales v Ryan [2023] NSWSC 1138 State of New South Wales v Silapa (Preliminary) [2023] NSWSC 760 State of New South Wales v Wilkinson (Final) [2021] NSWSC 782 State of New South Wales v Wilkinson (Preliminary) [2020] NSWSC 1813 State of NSW v Fisk [2013] NSWSC 364 State of NSW v Farringdon [2018] NSWSC 874 Wilde v State of New South Wales (2015) 249 A Crim R 65; [2015] NSWCA 28 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Tum Silapa (Defendant) Representation: Counsel: R McEwen (Plaintiff) G Marsden (Defendant)