The State of New South Wales v White [2009] NSWSC 535

New South Wales Supreme Court

CITATION : The State of New South Wales v White [2009] NSWSC 535

HEARING DATE(S) : 4 June 2009

JUDGMENT DATE : 4 June 2009

JUDGMENT OF : Price J at 1

EX TEMPORE JUDGMENT DATE : 4 June 2009

DECISION : 1. Pursuant to section 13(1) of the Crimes (Serious Sex Offenders) Act 2006 (the Act) the interim supervision order made by the Court on 7 April 2009 and renewed on 12 May 2009 be revoked in effect on and from 4pm on 5 June 2009. 2. Pursuant to section 9(1)(a) of the Act, I make an extended supervision order in respect of the defendant for a period of five years to commence on and from 4pm on 17 April 2009, and pursuant to section 11 of the Act direct the defendant comply with the conditions set out in the schedule to these orders. 3. I direct the defendant's risk and resultant risk management plan be reviewed by the Department of Corrective Services at least once a year. 4. I further direct the impact upon the defendant of the wearing of the electronic monitoring device upon his ankle be immediately considered and monitored. 5. I grant liberty to apply to either party on this aspect of the orders on one day's notice.

CATCHWORDS : Serious sex offender - application for extended supervision order - consideration of length of order and electronic monitoring device

Crimes Act 1900 s 38, s 61N, 61J(1), 61L, LEGISLATION CITED : Crimes (Serious Sex Offenders) Act 2006 s 5, s 7(4), s 9(1)a, s 9(2), s 9(3) (a) -(i), s 9(3)(g), s 10(1)(b), s 11, s 13(1), s 17(2), s 17(3),

CATEGORY : Principal judgment

CASES CITED : Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Tillman v Attorney General for the State of New South Wales [2007] NSWCA 327