State of New South Wales v John Owen Conway [2011] NSWSC 976

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v John Owen Conway [2011] NSWSC 976 Hearing dates: 25-26 August 2011 & 2 September 2011 Decision date: 08 September 2011 Jurisdiction: Common Law Before: Davies J Decision: (1) Pursuant to s. 9(1)(a) of the Crimes (Serious Sex Offenders) Act 2006 ("the Act") the Defendant be subject to an extended supervision order for a period of 3 years from the date of the order. (2) Pursuant to s 11 of the Act, for the period of the extended supervision order, the Defendant is directed to comply with the conditions set out in the Schedule to this Order. (3) Direct that access to the Court file in respect of any document shall not be granted without leave of a Judge of the Court. If any application is made by a non-party in respect of any document, the parties are to be notified by the Registrar so as to enable them to be heard. (4) Liberty to apply on two day's notice. Catchwords: CRIMINAL LAW - Crimes (Serious Sex Offenders) Act 2006 - serious sex offender - sexual assault of niece aged 5 - offender then aged 20 - numerous other sexual acts - no charges or convictions - whether can be considered as part of criminal history - diagnosis of paedophilia and intellectual impairment - limited results from prison programmes - application for extended supervision order - whether offender was unacceptable risk of committing a serious sex offence if not supervised - whether offender should be permitted to live at home subject to the order - order made for 3 years - offender to live within closely supervised CJP Centre. Legislation Cited: Child Protection (Offenders Prohibition Orders) Act 2004 Crimes Act 1900 (NSW) Crimes (Serious Sex Offenders) Act 2006 Crimes (Serious Sex Offenders) Amendment Act 2010 Cases Cited: Batchelor & Co Pty Ltd v Websdale (1963) 63 SR (NSW) 49 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Dilworth v Commissioner of Stamps [1899] AC 99 Director of Public Prosecutions (WA) v GTR (2008) 198 A Crim R 149 Director of Public Prosecutions (WA) v Williams (2007) 176 A Crim R 111 New South Wales v Manners [2008] NSWSC 1376 State of New South Wales v Conway [2011] NSWSC 588 State of New South Wales v Garry Allan Conway [2011] NSWSC 925 State of New South Wales v Richardson (No. 2) [2011] NSWSC 276 State of New South Wales v Scerri [2011] NSWSC 683 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 State of New South Wales v Tillman [2008] NSWSC 1293 State of NSW v Bastian [2011] NSWSC 641 State of NSW v Thomas [2010] NSWSC 677 Weininger v R (2003) 212 CLR 629 YZ Finance Co Pty Ltd v Cummings (1964) 109 CLR 395 Category: Principal judgment Parties: State of New South Wales (Plaintiff) John Owen Conway (Defendant) Representation: S Callan (Plaintiff) M Johnston (Defendant) Crown Solicitor's Office (Plaintiff) Legal Aid Commission of NSW (Defendant) File Number(s): 2011/144549