State of NSW v Cusack [2014] NSWSC 1144

Supreme Court New South Wales

Medium Neutral Citation: State of NSW v Cusack [2014] NSWSC 1144 Hearing dates: 19 August 2014 Decision date: 25 August 2014 Before: Bellew J Decision: The parties are to bring in Short Minutes of Order by 4:00pm on 25 August 2014 reflecting the conclusions expressed in this judgment. Legislation Cited: Crimes Act 1900 Crimes (High Risk Offenders) Act 2006 Firearms Act 1996 Poisons and Therapeutic Goods Act 1966 Weapons Prohibition Act 1988 Cases Cited: New South Wales v Thomas (Preliminary) [2011] NSWSC 118 State of New South Wales v Ali [2010] NSWSC 1045 State of New South Wales v Burns [2014] NSWSC 1014 Category: Principal judgment Parties: State of New South Wales - Plaintiff Jeffrey Raymond Cusack - Defendant Representation: Counsel: Ms G Mahony - Plaintiff Mr M Johnston - Defendant Solicitors: File Number(s): 2014 / 140800 Publication restriction: Nil

Judgment

INTRODUCTION 1By an amended summons filed on 15 August 2014 the plaintiff seeks orders pursuant to the provisions of the Crimes (High Risk Offenders) Act 2006 ("the Act") in the following terms: "a) pursuant to s. 5C and s. 9(1)(a) of the Act that the defendant be subject to a High Risk Sex Offender Extended Supervision Order ("the extended supervision order") for a period of 5 years from the date of the order; and b) pursuant to s. 11 of the Act, that the defendant, for the period of the extended supervision order, comply with the conditions set out in Schedule A. 2The following affidavits were read by the plaintiff in support of the application: (i)Christopher Butler sworn 9 May 2014; (ii)Samuel Ardasinski sworn 7 August 2014; (iii)Zouhier Abedine affirmed 8 August 2014; (iv)Vicki McCarthy sworn 8 August 2014. 3Mr Abedine gave oral evidence in the hearing before me and I have referred to aspects of his evidence below. 4Also tendered in the plaintiff's case were two medical reports, namely: (i)a report of Dr Andrew Ellis, Forensic Psychiatrist dated 27 July 2014; and (ii)a report of Dr Jeremy O'Dea, Forensic Psychiatrist dated 7 August 2014. 5Counsel for the defendant tendered two documents which were admitted without objection, namely; (i)a copy of the notification of the decision of the State Parole Authority to release the defendant on parole dated 19 July 2012; and (ii)a transcript of the defendant's evidence before Hall J on 4 June 2014 in a preliminary hearing. 6The making of an extended supervision order was not opposed by the defendant, although it obviously remains necessary for the court to undertake its own assessment of the evidence to determine whether or not such an order is appropriate. On the assumption that I were to conclude in favour of making the order, the parties approached the matter on the basis that the following issues would then remain for determination: (i)the length of the order; and (ii)the conditions attaching to such order.