State of New South Wales v Carr [2014] NSWSC 1348

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Carr [2014] NSWSC 1348 Hearing dates: 19 September, 1 October 2014 Decision date: 01 October 2014 Jurisdiction: Common Law Before: Hamill J Decision: See Orders Catchwords: CIVIL LAW - variation of extended supervision order - history of non-compliance - no evidence of criminal offences apart from breaches of order - defendant repeatedly incarcerated for breaches - electronic monitoring - protection of the community - intellectually disabled offender - simplification of conditions - flexibility in approach - ESO varied Legislation Cited: Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: Bugmy v The Queen [2013] HCA 37; 249 CLR 571 Munda v Western Australia [2013] HCA 38; 294 CLR 600 R v Booth [2014] NSWCCA 156 R v Fernando (1992) 76 A Crim R 58 R v Hines (No 3) [2014] NSWSC 1273 R v Wilhem [2010] NSWSC 378 State of New South Wales v Hill (No 5) [2013] NSWSC 140 State of New South Wales v Green (Final) [2013] NSWSC 1003 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Darryl Edward Carr (Defendant) Representation: Counsel: N Kelly (Plaintiff) S Hall (Defendant) Solicitors: Crown Solicitors of New South Wales (Plaintiff) Legal Aid (Defendant) File Number(s): 2009/294569 Publication restriction: Nil