State of New South Wales v Burns [2014] NSWSC 1014

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Burns [2014] NSWSC 1014 Hearing dates: 24 July 2014 Decision date: 24 July 2014 Jurisdiction: Common Law - Criminal Before: Beech-Jones J Decision: The Court notes: 1. The undertaking proffered to the Court by the plaintiff, the State of New South Wales through Counsel that the Commissioner of Corrective Services will pay any cost relating to the electronic monitoring of the defendant, including the costs of installing, maintaining and operating the electronic monitoring equipment. And that, in the event that the Commissioner of Corrective Services does not pay such costs, the State of New South Wales undertakes that it will pay such costs. The Court orders that: 2. Pursuant to s 5C(1) and s 9(1)(a) of the Crimes (High Risk Offenders) Act 2006, the defendant be subject to a high risk sex offender extended supervision order for a period of 5 years from 11 August 2014. 3. Pursuant to s 11 of the Act, directs that the defendant for the period of the extended supervision order, comply with the conditions in Schedule A to these Orders. 4. There be non-publication of the references in the reasons for decisions delivered on 24 July 2014, to: i. Mr Burns' current residence and future residence; and ii. the geographic location of Mr Burns' current residence and workplace. 5. No access be granted to any third party to the Court file in these proceedings without the parties first having an opportunity to be heard in relation to the granting of such access. 6. The plaintiff is permitted to provide the report of Dr Furst and Dr O'Dea in these proceedings to: a) Mr Burns' treating psychologist/psychiatrist; and b) Corrections officers and Community Justice Program staff involved in his supervision. Catchwords: SEX OFFENDERS - application for an extended supervision order - long history of sexual and violent offences - orders made - no question of principle. Legislation Cited: - Child Welfare Act 1939 (NSW) - Crimes (High Risk Offenders) Act 2006 (NSW), s 4, s 5, s 5B, s 5C, s 7, s 9, s 10, s 11 - Crimes (Sentencing Procedure) Act 1999, s 33 Cases Cited: - State of New South Wales v Fisk [2013] NSWSC 364 - State of New South Wales v Ali [2010] NSWSC 1045 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Clifford Keith Burns (Defendant) Representation: Counsel: Ms S. Callan (Plaintiff) M. Johnston (Defendant) Solicitors: I.V. Knight, Crown Solicitor (Plaintiff) NSW Legal Aid (Defendant) File Number(s): 2014/157699 Publication restriction: See order 4.