State of New South Wales v Mackey (No 2) [2015] NSWSC 1153

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Mackey (No 2) [2015] NSWSC 1153 Hearing dates: 31 July 2015 Date of orders: 17 August 2015 Decision date: 17 August 2015 Jurisdiction: Common Law Before: Schmidt J Decision: 1. Pursuant to s 5F and s 17(1)(a) of the Crimes (High Risk Offenders) Act that the defendant be subject to an extended supervision order for a period of 3 years from the date of the order and pursuant to s 11 of the Act direct that the defendant comply with the conditions set out in Schedule A. 2. The reports of Dr Ellis and Dr Roberts be provided to Corrective Services New South Wales, any agency involved in the defendant's supervision, and the defendant's treating clinician(s) or health care practitioner(s). Catchwords: CIVIL LAW – applications pursuant to the Crimes (High Risk Offenders) Act 2006 (NSW) – whether final supervision order should be made – unacceptable risk of committing a serious violence offence established – disputed conditions – extended supervision order for 3 years – conditions imposed Legislation Cited: Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: Attorney General of New South Wales v McGuire [2015] NSWSC 152 R v Fernando (1992) 76 A Crim R 58 SAS Trustee Corporation v Woollard [2014] NSWCA 75; (2014) 86 NSWLR 367 State of New South Wales v Ali [2010] NSWSC 1045 State of New South Wales v Green (Final) [2013] NSWSC 1003 State of New South Wales v Mackey [2015] NSWSC 514 State of New South Wales v Richardson [No 2] [2011] NSWSC 276; (2011) 210 A Crim R 220 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 State of New South Wales v Thomas (Final) [2011] NSWSC 308 Category: Principal judgment Parties: The State of New South Wales (Plaintiff) Ryan Mackey (Defendant) Representation: Counsel: Ms G Mahony (Plaintiff) Mr M Johnston (Defendant)