State of New South Wales v Fisk [2013] NSWSC 364

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Fisk [2013] NSWSC 364 Hearing dates: 25 March 2013 Decision date: 28 March 2013 Jurisdiction: Common Law Before: Beech-Jones J Decision: Extended supervision order made for period of three years with conditions. Catchwords: Sex offender - extended supervision orders - whether defendant is a "high risk sex offender" - whether offender poses unacceptable risk of committing serious sex offence if not supervised - grooming offences - conditions attaching to extended supervision order - whether offender should be excluded from associating with young males aged 17 and 18 - whether offender should be prevented from photographing males aged 17 and 18. Legislation Cited: - Crime (Serious Sex Offenders) Amendment Act 2013 - Crimes Act 1900 - s 66EB - Crimes (High Risk Offenders) Act 2006 (formerly the Crimes (Serious Sex Offenders) Act) Cases Cited: - Cornwall v Attorney General for New South Wales [2007] NSWCA 374 - Oriental Carpet Department Store Pty Ltd v Supacenta Pty Ltd [2003] NSWSC 783 - R v Fisk (Court of Criminal Appeal, 21 August 1998, unreported) - State of New South Wales v Ali [2010] NSWSC 1045 - State of New South Wales v Fisk [2009] NSWSC 778 - State of New South Wales v Richardson (No 2) [2011] NSWSC 276; 210 A Crim R 220 - Thomson Australian Holdings Pty Ltd v The Trade Practices Commission [1981] HCA 48; 148 CLR 150 - Tillman v Attorney General for the State of New South Wales [2007] NSWCA 327; 70 NSWLR 448 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Colin John Fisk (Defendant) Representation: Counsel: Ms G.F. Mahony (Plaintiff) G. Scragg (Defendant) Solicitors: Crown Solicitor (Plaintiff) Legal Aid (Defendant) File Number(s): 2013/018806 Publication restriction: Nil but note order in [116]