State of New South Wales v Atkins [2013] NSWSC 1988

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Atkins [2013] NSWSC 1988 Hearing dates: 20 December 2013 Decision date: 20 December 2013 Jurisdiction: Common Law Before: Rothman J Decision: Catchwords: CRIMINAL LAW - serious sex offender - application for interim orders - test to be applied - whether appropriate to make detention order or supervision order Legislation Cited: Crimes (High Risk Offenders) Act 2007 Cases Cited: Attorney-General for NSW v Hayter [2007] NSWSC 983 Attorney-General for NSW v Winters [2007] NSWSC 311 Cornwall v Attorney-General for NSW [2007] NSWCA 374 Category: Interlocutory applications Parties: State of New South Wales (Plaintiff) Bruce Allan Atkins (Defendant) Representation: Counsel: S Callan (Plaintiff) P Johnson (Defendant) Solicitors: I V Knight (Plaintiff) File Number(s): 2013/359164 Publication restriction: None

Judgment 1By summons filed 28 November 2013, the plaintiff seeks a Continuing Detention Order ("CDO") and, in the alternative and Extended Supervision Order governing the defendant, Bruce Allan Atkins. The summons also seeks interim orders ("IDO" and "ISO" respectively) pending the final hearing of the matter. The Court, on 20 December 2013, made orders, including an ISO with which the defendant must comply. These are the reasons for those orders. 2The parties confined the issues between them. It is necessary, however, to recite some facts. 3The defendant was, at the time the ISO issued, still in custody. He had pleaded guilty to two offences of aggravated indecent assault (victim under 16 years) and one offence of indent assault (victim under 10 years). He was serving a sentence that was due to expire on 26 December 2013. 4The defendant has a history of sexual offences. He also suffers from an intellectual disability and continued to deny the index offences. He was denied parole, inter alia, because of the lack of suitable accommodation in the community.