State of New South Wales v Mackney (Final) [2024] NSWSC 1355

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Mackney (Final) [2024] NSWSC 1355 Hearing dates: 20 September 2024 Decision date: 29 October 2024 Jurisdiction: Common Law Before: Ierace J Decision: (1) Pursuant to ss 5B and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW), order that the defendant be subject to an extended supervision order ("the extended supervision order") for a period of three years from the date of this order. (2) Pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW) direct that the defendant, for the period of the extended supervision order, comply with the conditions set out in the Schedule to this judgment. (3) The interim supervision order made by Harrison CJ at CL on 18 June 2024 is revoked from the date of this order. (4) 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 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 OFFENDER – Final hearing – High risk violent offender – Application for extended supervision order – Where parties accept defendant poses unacceptable risk of committing serious offence if not kept under supervision – Where dispute as to appropriate duration and conditions of supervision Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 4, 5A, 5B, 5D, 6, 7(4), 9,11 Crimes Act 1900 (NSW), ss 33(1)(a), 35(2), 61, 97(1), 98, 114, 195(1A)(a), 527C(1)(a) Summary Offences Act 1988 (NSW), s 11E(1)(a) Mental Health Act 2007 (NSW), s 22 Cases Cited: State of New South Wales v Mackney [2024] NSWSC 719 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Jaysen Mackney (Defendant) Representation: Counsel: Mr D Dalla Pozza (Plaintiff) Mr J Wilcox (Defendant)