State of New South Wales v Hill (No 5) [2013] NSWSC 140

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Hill (No 5) [2013] NSWSC 140 Hearing dates: 11 October 2012 Decision date: 01 March 2013 Jurisdiction: Common Law Before: Rothman J Decision: (1) Pursuant to s 13 of the Crimes (Serious Sex Offenders) Act 2006, an order varying the extended supervision order made by the Court on 26 June 2009, and varied on 21 December 2010, by re-imposing condition No 5 for a further period of 12 months; (2) Pursuant to s 11 of the Crimes (Serious Sex Offenders) Act 2006, an order directing the defendant to comply with the conditions in the Schedule to the Order made on 26 June 2009 and varied on 21 December 2010, as amended in paragraph (1) above; (3) The defendant's motion filed 11 October 2012 is dismissed; (4) I direct the State of New South Wales to file an Amended Extended Supervision Order reflecting the foregoing. Catchwords: SERIOUS SEX OFFENDER - extended supervision order - variation to terms - no issue of principle Legislation Cited: Crimes (Serious Sex Offenders) Act 2006 Cases Cited: State of New South Wales v Hill (No 1) [2009] NSWSC 1137 State of New South Wales v Hill (No 3) [2009] NSWSC 1139 State of New South Wales v Hill (No 4) [2010] NSWSC 1504 Texts Cited: R F Baumeister and M R Leary, "The need to belong: desire for interpersonal attachments as a fundamental human motivation" (1995) 117 Psychological Bulletin 497 R F Baumeister and M Muraven, "Identity as adaptation to social, cultural, and historical context" (1996) 19 Journal of Adolescence 405 R F Baumeister, G A Dori and S Hastings, "Belongingness and temporal bracketing in personal accounts of changes in self-esteem" (1998) 32 Journal of Research in Personality 222 J M Twenge, R F Baumeister, D M Tice and T S Stucke, "If you can't join them, beat them: effects of social exclusion on aggressive behaviour" (2001) 81 Journal of Personality and Social Psychology 1058 R F Baumeister, J M Twenge and N Ciarocco, "The inner world of rejection: effects of social exclusion on cognition, emotion, and self-regulation" in J Forgas and K Williams (eds), The Social Self: Cognitive, Interpersonal, and Intergroup Perspectives (2002) Psychology Press at 161 A W Crescioni and R F Baumeister, "Alone and aggressive: social exclusion impairs self-control and empathy and increases hostile cognition and aggression" in M Harris (ed), Bullying, Rejection, and Peer Victimization: A Social Cognitive Neuroscience Perspective (2009) Springer Category: Consequential orders Parties: State of New South Wales (Plaintiff) Allan Troy Hill (Defendant) Representation: Counsel: D T Kell (Plaintiff) M Johnston (Defendant) Solicitors: Crown Solicitor's Office (Plaintiff) Legal Aid NSW (Defendant) File Number(s): 2009/293269