State of New South Wales v Irwin (No. 2) [2014] NSWSC 454

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Irwin (No. 2) [2014] NSWSC 454 Hearing dates: 14 April 2014 Decision date: 17 April 2014 Jurisdiction: Common Law Before: Adamson J Decision: 1. Make an extended supervision order, pursuant to s 5C of the Crimes (High Risk Offenders) Act 2006 (the Act) for a period of five years from the date of this order. 2. Direct, pursuant to s 11 of the Act, that, for the period of the extended supervision order, Mr Irwin comply with the conditions set out in the schedule to these reasons. Catchwords: CRIMINAL LAW -high risk sex offender - whether continuing detention order required - extended supervision orders - high risk of re-offending - where offender intellectually disabled - paedophilic - multiple failures to comply with supervision and conditions imposed - prospect that anti-libidinal medication will ameliorate risk- untrialled at date of hearing- adequacy of supervision Legislation Cited: Crimes Act 1900 (NSW), s 61J Crimes (High Risk Offenders) Act 2006 (NSW), s 3, s 5, s 5B, s 5C, s 5D, s 9, s 10, s 11, s 13A, s 17, s 18A, 18D, s 21, s 25B Child Protection (Offenders Prohibition Orders) Act 2004 (NSW), s 5 Cases Cited: Attorney-General for the State of New South Wales v Gallagher [2006] NSWSC 340 Attorney-General for the State of New South Wales v Quinn [2007] NSWSC 873 Attorney-General for the State of New South Wales v Tillman [2007] NSWCA 119 State of New South Wales v Irwin [2013] NSWSC 1773 Cornwall v Attorney-General for the State of New South Wales [2007] NSWCA 374 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Scott Lee Irwin (Defendant) Representation: Counsel: T Hammond (Plaintiff) M Johnston (Defendant)