STATE OF NEW SOUTH WALES v THOMAS [2008] NSWSC 1340

New South Wales Supreme Court

CITATION : STATE OF NEW SOUTH WALES v THOMAS [2008] NSWSC 1340

HEARING DATE(S) : 29/07/08, 30/07/08, 29/08/08, 03/10/08

JUDGMENT DATE : 12 December 2008

JUDGMENT OF : Adams J at 1

DECISION : Pursuant to s 17(1)(a) of the Crimes (Serious Sex Offenders) Act 2006 (NSW), order that the defendant be subject to an extended supervision order to operate on and from 8 October 2008 for a period of 12 months expiring on 7 October 2009 and pursuant to sections 17(5) and 11 of the Act, direct compliance with the conditions set out in the Schedule. Grant liberty to the parties to apply on 3 days' notice

CATCHWORDS : Extended detention and supervision orders - effects of orders - standard of proof of risk of re-offending - use of research and statistics - provisional nature of statistical conclusions

LEGISLATION CITED : Crimes (Serious Sex Offenders) Act 2006 Crimes Act 1900

CATEGORY : Principal judgment

Attorney General for the State of New South Wales v Gallagher [2006] NSWSC Attorney General for the state of New South Wales v Winters [2007] NSWSC CASES CITED : TSL v The Secretary of the Department of Justice (2006) 14 VR 109 Attorney General for the State of New South Wales v Tillman [2007] NSWSC 605 Cornwall v Attorney General for New South Wales [2007] NSWCA 374

PARTIES : State of New South Wales (Plaintiff) Bruce Malcolm Thomas (Defendant)

FILE NUMBER(S) : SC 2008/12385

COUNSEL : D Staehli SC/ N Sharp (Plaintiff) M Johnson (Defendant)

SOLICITORS : I V Knight (Crown Solicitor) (Plaintiff) Peter Murphy (Defendant)