State of New South Wales v Mintern [2014] NSWSC 1304

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Mintern [2014] NSWSC 1304 Hearing dates: 2 & 18 September 2014 Decision date: 23 September 2014 Jurisdiction: Common Law Before: Hidden J Decision: Extended supervision order for 3 years Catchwords: HIGH RISK OFFENDER - application for extended supervision order - issues of duration of the order, appropriate conditions Legislation Cited: Crimes (High Risk Offenders) Act 2006 Category: Principal judgment Parties: State of New South Wales (plaintiff) Neil William Mintern (defendant) Representation: Counsel: Ms GF Mahoney (plaintiff) M Johnston (defendant) Solicitors: IV Knight, Crown Solicitor SE O'Connor - Legal Aid Commission File Number(s): 2014/123988

Judgment 1HIS HONOUR: The plaintiff, the State of New South Wales, seeks an extended supervision order under s 5C of the Crimes (High Risk Offenders) Act 2006 against the defendant, Neil William Mintern. Counsel for the defendant, Mr Johnston, acknowledges that there is evidence to justify such an order, the only matters in dispute being the duration of the order and the terms of some of the conditions attached to it. Nevertheless, I must satisfy myself upon the material before me that such an order is appropriate. However, the approach taken by counsel means that I do not need to recite the evidence in any detail. I am satisfied that an order should be made.

Background 2The defendant is a 29 year old man, of Aboriginal extraction. He was born in Victoria, but his family later moved to western New South Wales. His parents separated when he was 4 years old. There was a history of domestic violence and excessive drinking in his extended family and in the community in which they lived. He has reported being exposed himself to neglect, sexual abuse and violence as a child. In 2008 his mother was murdered by her former partner. He was in custody at the time and was not permitted to attend her funeral. 3He gained his School Certificate but he was a poor student. His literacy and numeracy are limited. His employment has been as an unskilled rural labourer. There is a history of the use of drugs and, more importantly, abuse of alcohol, although it appears that he is not currently alcohol dependant. 4He has been in a long standing relationship, and is the father of five children. The relationship has been marred by conflict and violence towards his partner. However, as will be seen, he is anxious to re-establish his ties with her and the children, who are living in Orange. Other members of his family still live in the western area of the state.