State of New South Wales v Scott David Lynn [2015] NSWSC 665

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Scott David Lynn [2015] NSWSC 665 Hearing dates: 29 October 2013 & 4 November 2013 Date of orders: 29 May 2015 Decision date: 29 May 2015 Jurisdiction: Common Law Before: Hidden J Decision: Extended Supervision Order made. Catchwords: HIGH RISK VIOLENT OFFENDER – application for extended supervision order – unacceptable risk test – appropriate conditions Legislation Cited: Crimes (High Risk Offenders) Act 2006 Cases Cited: R v Scott David Lynn [2008] NSWSC 1122 State of New South Wales v Richardson (No 2) [2011] NSWSC 276, 210 A Crim R 220 State of New South Wales v Thomas [2011] NSWSC 118 Category: Principal judgment Parties: State of New South Wales (plaintiff) Scott David Lynn (defendant) Representation: Counsel: W Abraham QC & NM Kelly (plaintiff) T Evers (defendant)

Solicitors: Richard Kelly – Acting Crown Solicitor for NSW (plaintiff) P Katsoolis (defendant) File Number(s): 2013/238886

Judgment 1. HIS HONOUR: Pursuant to s 5H of the Crimes (High Risk Offenders) Act 2006, the plaintiff, the State of New South Wales, sought a high risk violent offender extended supervision order in respect of the defendant, Scott David Lynn. This court may make such an order if it is satisfied to a high degree of probability that the defendant poses an unacceptable risk of committing a serious violent offence if he is not kept under supervision: s 5E(2) of the Act. On 17 December 2013, I made an extended supervision order, subject to certain conditions. These are my reasons for that decision.