State of New South Wales v Boatswain [2014] NSWSC 1446

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Boatswain [2014] NSWSC 1446 Hearing dates: 23 October 2014 Decision date: 28 October 2014 Jurisdiction: Common Law Before: Davies J Decision: 1. Order that pursuant to s 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW) ("The Act") the Defendant be subject to an Extended Supervision Order for a period of five years from the date of the order. 2. Order that pursuant to s 11 of the Act, for the period of the Extended Supervision Order, the Defendant is directed to comply with the conditions set out in the Schedule to this Order. 3. I note that: (a) Pursuant to s 10(2) of the Act, the Defendant's obligations under the Extended Supervision Order are suspended while the Defendant is in lawful custody whether under this or any other Act or law; (b) Lawful custody for the purposes of s 10(2) of the Act may include detention as an involuntary patient in a mental health facility under the Mental Health Act 2007, or escorted leave from any such facility, at least in circumstances where the Defendant's freedom is directly controlled and limited; 4. I direct that access to the court file in respect of any document will not be granted without leave of a judge of the Court. If any application is made by a non-party in respect of any document, the parties are to be notified by the Registrar so as to enable them to be heard. 5. I grant liberty to apply on 2 days' notice. Catchwords: CRIMINAL LAW - Crimes (High Risk Offenders) Act - two victims - multiple offences committed against each victim - offender sentenced to 15 years non-parole with additional term of 8 years - offender serves whole sentence less one month - extended supervision order not opposed - issues on conditions and period of order Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Mental Health Act 2007 (NSW) Cases Cited: Attorney-General for the State of NSW v Gallagher [2006] NSWSC 340 Attorney-General for the State of NSW v Steadman [2013] NSWSC 170 Boatswain v State Parole Authority [2014] NSWSC 501 Director of Public Prosecutions (WA) v Williams [2007] WASC 206; 176 A Crim R 110 Director of Public Prosecutions (WA) v GTR [2008] WASCA 187; 198 A Crim R 149 R v Warwick Antony Boatswain (Court of Criminal Appeal (NSW), 15 December 1993, Unrep,) State of NSW v Conway [2011] NSWSC 925 State of NSW v Fisk [2013] NSWSC 364 State of NSW v Green (Final) [2013] NSWSC 1003 State of NSW v Mintern [2014] NSWSC 1304 State of New South Wales v Richardson (No. 2) [2011] NSWSC 276; (2011) 210 A Crim R 220 State of NSW v Scerri [2011] NSWSC 683 State of NSW v Wilde [2014] NSWSC 305 Category: Principal judgment Parties: The State of New South Wales (Plaintiff) Warwick Anthony Boatswain (Defendant) Representation: Counsel: G Mahony (Plaintiff) P Skinner (Defendant) Solicitors: Crown Solicitor's Office (Plaintiff) Legal Aid NSW (Defendant) File Number(s): 2014/164677