State of New South Wales v Russell [2015] NSWSC 987

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Russell [2015] NSWSC 987 Hearing dates: 16 July 2015 Decision date: 23 July 2015 Jurisdiction: Common Law Before: Adamson J Decision: (1) Order, pursuant to ss 5C and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW) (the Act), that the defendant be subject to a high risk sex offender extended supervision order ("the extended supervision order") for a period of 5 years from the date of the order.

(2) Pursuant to s 11 of the Act, I direct that the defendant, for the period of the extended supervision order, comply with the conditions set out in the Schedule to this judgment.

(3) Order that, upon the making of order (1), the interim supervision order made in respect of the defendant on 16 July 2015 expires, with the intent that the extended supervision order in (1) supersedes the interim supervision order. Catchwords: CRIMINAL LAW –high risk sex offenders – extended supervision order – final hearing – defendant poses unacceptable risk of committing serious sex offence if not kept under supervision – extensive criminal history of offences including serious sex offences and offences of a sexual nature - defendant susceptible to alcohol abuse – inability to comply with restrictions imposed by various orders including previous extended supervision order – extended supervision order of 5 years duration made – condition requiring defendant to accept employment nominated by Departmental Supervising Officer inappropriate having regard to need for certainty where criminal consequences could ensue – inappropriate to confer search and seizure powers on Departmental officers in circumstances where no demonstrated need Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 5B, 5C, 9, 10, 10A, 21 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 9, 10, 12 Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) Cases Cited: Attorney-General for the State of New South Wales v Tillman [2007] NSWCA 119 PGA v The Queen [2012] HCA 21; 245 CLR 355 State of New South Wales v Russell [2009] NSWSC 810 State of New South Wales v Russell [2009] NSWSC 1081 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Anthony Joseph Russell (Defendant) Representation: Counsel: T Hammond (Plaintiff) H White (Defendant)