State of New South Wales v Archer (Final) [2024] NSWSC 1569

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Archer (Final) [2024] NSWSC 1569 Hearing dates: 26 November 2024 Date of orders: 6 December 2024 Decision date: 06 December 2024 Jurisdiction: Common Law Before: N Adams J Decision: (1) Pursuant to ss 5B and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW) ("the Act"), I order that the defendant be subject to an extended supervision order for a period of two years commencing on 6 December 2024. (2) Pursuant to s 11 of the Act, I direct that for the period of the extended supervision order the defendant comply with the conditions set out in the Schedule A to Order 1. (3) Pursuant to s 13(1) of the Act, the interim supervised order imposed by N Adams J on 12 September 2024 and renewed by Yehia J on 11 October 2024 and 7 November 2024 is revoked. Catchwords: HIGH RISK OFFENDERS – Final Hearing – application for an extended supervision order – sexual offender – risk factors of substance abuse and impulsivity – history of offences committed shortly after release to parole – limited time spent in community – consideration of statutory criteria – application granted Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 4, 4A, 5, 5B, 5D, 5I, 7, 9, 10A, 10C, 11, 12 Crimes Act 1900 (NSW), ss 61M(2), 91H(2) Criminal Code 1995 (Cth), s 474.22(1)(a)(i)(iii) Cases Cited: State of New South Wales v Archer (Preliminary) [2024] NSWSC 1149 State of New South Wales v Burns [2014] NSWSC 1014 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Bradley Charles Archer (Defendant) Representation: Counsel: A Richards (Plaintiff) C Akthar (Defendant)