State of New South Wales v Brookes (Final) [2024] NSWSC 1264

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Brookes (Final) [2024] NSWSC 1264 Hearing dates: 16 August 2024 Date of orders: 6 September 2024 Decision date: 09 October 2024 Jurisdiction: Common Law Before: Rigg J Decision: (1) Order pursuant to ss. 5B and 9(1)(a) Crimes (High Risk Offenders) Act 2006 that the defendant be subject to an extended supervision order for a period of 12 months from today's date. (2) Order pursuant to s 11 of the Act directing that the defendant for the period of the extended supervision order comply with the conditions set out in the schedule to this judgment. (3) Order that access to the Supreme Court's 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 an 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. (4) Order that the interim supervision order previously made by Button J, and extended on a number of occasions, is from today revoked. Catchwords: HIGH RISK OFFENDER – application for extended supervision order – final hearing – serious sex offences and offences of a sexual nature – whether satisfied to a high degree of probability that the offender poses an unacceptable risk of committing another serious offence if not kept under supervision – consideration of expert evidence Legislation Cited: Child Protection (Offenders Prohibition Orders) Act 2004 (NSW) Child Protection (Offenders Registration) Act 2000 (NSW) Crimes Act 1900 (NSW), ss 61M(2), 91 Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 5B, 7, 9 Cases Cited: State of New South Wales v Alexandria Brookes (NSWSC 12 December 2011, unreported, Hidden J) State of New South Wales v Alexandria George Brookes [2008] NSWSC 473 State of New South Wales v Brookes [2010] NSWSC 728 State of New South Wales v Brookes (Final) [2017] NSWSC 215. State of New South Wales v Brookes (Final) [2022] NSWSC 731. State of New South Wales v Brookes (Preliminary) [2024] NSWSC 647 State of New South Wales v Conway [2011] NSWSC 925 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Alexandria Brookes (Defendant) Representation: Counsel: P Aitken (Plaintiff) L Fernandez (Defendant)