State of New South Wales v Shields (Final) [2024] NSWSC 1668

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Shields (Final) [2024] NSWSC 1668 Hearing dates: 13 December 2024 Date of orders: 23 December 2024 Decision date: 23 December 2024 Jurisdiction: Common Law Before: McNaughton J Decision: (1) Pursuant to ss 5B and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW), I order that the defendant be subject to an extended supervision order for a period of two years commencing on 24 December 2024. (2) Pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW), I direct that the defendant comply with the conditions set out in the Schedule annexed to this judgment for the period of the extended supervision order. Catchwords: HIGH RISK OFFENDER – final hearing – serious sex offender – application for extended supervision order – making of order and nature of some conditions contested by defendant – whether there is high degree of probability that the offender poses an unacceptable risk of committing another serious offence if not kept under supervision under the order – extended supervision order imposed for two years with conditions – discussion about appropriate conditions Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) ss 3, 4, 5B, 5D, 6, 7, 9, 10A, 10C, 11, 12 Child Protection (Offenders Prohibition Orders) Act 2004 (NSW) s 9 Child Protection (Offenders Registration) Act 2000 (NSW) Sex Offenders Registration Act 2004 (Vic) Cases Cited: Attorney General for New South Wales v Tillman [2007] NSWCA 119 Kamm v State of New South Wales (No 4) (2017) 95 NSWLR 179; [2017] NSWCA 189 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 State of New South Wales v Chaplin [2019] NSWSC 471 State of New South Wales v Devaney (Final) [2022] NSWSC 60 State of New South Wales v Kaiser (2022) 108 NSWLR 476; [2022] NSWCA 86 State of New South Wales v Kamm (Final) [2016] NSWSC 1 State of NSW v Keith Farringdon [2018] NSWSC 874 State of New South Wales v Shields (Preliminary) [2024] NSWSC 1154 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 Wilde v State of New South Wales [2015] NSWCA 28; (2015) 249 A Crim R 65 Texts Cited: Nil Category: Principal judgment Parties: State of New South Wales (Plaintiff) Thomas John Shields (Defendant) Representation: Counsel: A Tembe (Plaintiff) B Kennedy (Defendant)