Wilde v State of New South Wales [2015] NSWCA 28

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Wilde v State of New South Wales [2015] NSWCA 28 Hearing dates: 3 February 2015 Date of orders: 26 February 2015 Decision date: 26 February 2015 Before: Beazley P; McColl JA; Ward JA Decision: Appeal dismissed with costs Catchwords: CRIMINAL LAW – where appellant has served sentence – where appellant has extensive criminal history for serious sexual assault offences – where appellant is a "high risk sex offender" for the purposes of the Crimes (High Risk Offenders) Act 2006 (NSW), s 5B

HIGH RISK SEX OFFENDER – application for extended supervision order pursuant to the Crimes (High Risk Offenders) Act 2006 (NSW) s 9(1)(a) – appeal – no error in the exercise of discretion

HIGH RISK SEX OFFENDER – conditions of supervision order imposed pursuant to Crimes (High Risk Offenders) Act 2006 (NSW), s 11 – correct test for imposition of conditions – link between condition and risk of future offending

HIGH RISK SEX OFFENDER – conditions of supervision order imposed pursuant to Crimes (High Risk Offenders) Act 2006 (NSW), s 11 – correct test for imposition of conditions – role of onerous or punitive nature of condition

HIGH RISK SEX OFFENDER – application for extended supervision order – imposition of conditions related to consumption of alcohol and illicit drugs Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (High Risk Offenders) Amendment Act 2014 (NSW) Cases Cited: Attorney General for New South Wales v Tillman [2008] NSWSC 1293 Attorney-General for New South Wales v Tillman [2007] NSWCA 119 House v The King [1936] HCA 40; 55 CLR 499 State of New South Wales v Ali [2010] NSWSC 1045 State of New South Wales v Boatswain [2014] NSWSC 1446 State of New South Wales v Burns [2014] NSWSC 1014 State of New South Wales v Fisk [2013] NSWSC 364 State of New South Wales v Green (Final) [2013] NSWSC 1003 State of New South Wales v Hill [2014] NSWSC 1803 State of New South Wales v Stevenson [2013] NSWSC 1070 Winters v Attorney-General for NSW [2008] NSWCA 33 Category: Principal judgment Parties: John Alan Wilde (Appellant) State of New South Wales (Respondent) Representation: Counsel: S Pararajasingham (Appellant) G F Mahony (Respondent)