State of New South Wales v Cole (Final) [2024] NSWSC 1640

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Cole (Final) [2024] NSWSC 1640 Hearing dates: 22 October 2024 Date of orders: 19 December 2024 Decision date: 20 December 2024 Jurisdiction: Common Law Before: Yehia J Decision: (1) Pursuant to ss 5B and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW) the defendant is subject to an Extended Supervision Order for a period of three years from the date of the order. (2) Pursuant to 11 of the Crimes (High Risk Offenders) Act 2006 (NSW), I direct that the defendant, for the period of the Extended Supervision Order comply with the conditions set out in the Schedule to the orders. (3) Access to the Supreme Court's file in respect of any document shall not be granted to a non-party without 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 of access. Catchwords: HIGH RISK OFFENDER – final orders hearing – serious sex offence – whether the defendant poses an unacceptable risk – where defendant is a forensic patient – whether residual discretion should be exercised – whether community safety addressed through the forensic health process – application granted – Extended Supervision Order made Legislation Cited: Crimes Act 1900 (NSW), ss 61, 61J, 86(1), 97(1), 148' Div 10, Pt 3 Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 3(1), 3(2), 4, 5(1)(a)(i), 5(1)(a)(ii), 5B, 5B(a), 5B(d), 5C(1)(c1), 5D, 5I, 5I(1)(3), 9(1), 9(2), 9(3), 10(2), 10A, 10C(1), 10C(1A), 11 Mental Health Act 2007 (NSW) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 30, 72(1)(c), 83(1), 85, 97(1) Mental Health (Criminal Procedure) Act 1990 (NSW), s 39 Cases Cited: Attorney General for New South Wales v HRM bht Ramjan (Final) [2021] NSWSC 1535 Attorney General for New South Wales v McGuire by his tutor Thomson [2019] NSWSC 76 Attorney General for New South Wales v Rohan (a pseudonym) by his tutor Stuart (Final) [2024] NSWSC 643 Attorney General for NSW v Delmege by his Tutor Dr Johnson (final) [2021] NSWSC 469 Attorney General for NSW v Skerry (by his tutor Ramjan) (Final) [2022] NSWSC 99 Attorney General of New South Wales v Ramirez (bht Limbury) (Preliminary) [2024] NSWSC 1286 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Lynn v State of New South Wales [2016] NSWCA 57; (2016) 91 NSWLR 636 State of New South Wales v Andrew Cole [2024] NSWSC 996 State of New South Wales v Holschier (No 3) [2019] NSWSC 341 State of New South Wales v Keech [2024] NSWSC 408 State of New South Wales v Rush (Final) [2022] NSWSC 984 State of New South Wales v Tannous (Preliminary) [2022] NSWSC 1682 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Andrew Cole (Defendant) Representation: Counsel: J Davidson (Plaintiff) C Goodhand (Defendant)