State of New South Wales v Armstrong [2015] NSWSC 1510

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Armstrong [2015] NSWSC 1510 Hearing dates: 2 October 2015 Decision date: 14 October 2015 Jurisdiction: Common Law Before: R A Hulme J Decision: Continuing detention order for 12 months with an extended supervision order for a period of 3 years commencing from the date the continuing detention order expires Catchwords: CIVIL LAW – high risk sex offender - final hearing under Crimes (High Risk Offenders) Act 2006 (NSW) – application for continuing detention order for 12 months – application for extended supervision order to follow for 3 years – where defendant has poor history of compliance with requirements of conditional liberty and child protection obligations – where defendant is an untreated sex offender but has recently commenced CUBIT program – adequate supervision not provided under extended supervision order – continuing detention order made for 12 months – risk management concerns largely remain – necessary and appropriate to make an extended supervision order for 3 years Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW) s 17(1) Child Protection (Offender Reporting) Act 2004 (Qld) Crimes Act 1900 (NSW) s 61M Crimes (High Risk Offenders) Act 2006 (NSW) Criminal Code Act 1899 (Qld) Cases Cited: State of New South Wales v Conway [2011] NSWSC 588 State of New South Wales v Donovan [2015] NSWSC 1254 State of New South Wales v Donovan [2015] NSWCA 280 State of New South Wales v KAS [2012] NSWSC 1139 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 State of New South Wales v Thomas (Final) [2011] NSWSC 307 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Matthew Armstrong (Defendant) Representation: Counsel: Ms H Bennett (Plaintiff) Mr P Skinner (Defendant)