State of New South Wales v Howard [2015] NSWSC 1811

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Howard [2015] NSWSC 1811 Hearing dates: 6 November 2015 Decision date: 01 December 2015 Jurisdiction: Common Law Before: Hall J Decision: (1) Order made under s 5C Crimes (High Risk Offenders) Act 2006 subjecting Kevin Howard to a high risk sex offender extended supervision order for a period of five years commencing 2 December 2015. (2) Order made under s 11 of the Act directing Kevin Howard to comply with the conditions set out in Schedule A to these orders for the duration of Order 1. (3) Order made permitting the reports of Dr Andrew Ellis dated 28 September 2015 and Dr Jeremy O'Dea dated 6 October 2015 to be provided to any Corrective Services New South Wales Community Corrections officer involved in the supervision of the defendant, and any psychologist and/or psychiatrist involved in the supervision of, or the psychological and/or psychiatric care or assessment of, the defendant. Catchwords: CRIMINAL LAW – Crimes (High Risk Offenders) Act 2006 (NSW) – high risk sex offender – application for Extended Supervision Order – threshold requirements for making an ESO met – defendant poses an unacceptable risk of committing a serious sex offence if not kept under supervision – dispute about term of the order – dispute about certain conditions to be imposed under s 11 of the Act – appropriate to make an ESO for a term of 5 years and not for a lesser period having regard to the evidence and the primary purpose of the Act – evidence and prior convictions disclosed serious and extensive history of sexual offending – certain risk factors remain – conditions imposed in accordance with Schedule Legislation Cited: Crimes (High Risk Offenders) Act 2006 Crimes Act 1900 Firearms Act 1996 Cases Cited: Attorney General for New South Wales v Gallagher [2006] NSWSC 340 Attorney-General for New South Wales v Tillman [2007] NSWCA 119 Attorney-General for the State of New South Wales v Tillman [2007] NSWSC 605 Cornwall v Attorney-General of New South Wales [2007] NSWCA 374 Fardon v Attorney-General (2004) 223 CLR 575 New South Wales v Kokkotas [2014] NSWSC 1624 New South Wales v Richardson (No 2) [2011] NSWSC 276; (2011) 210 A Crim R 220 Nikolaidis v Satouris [2014] NSWCA 448 State of New South Wales v Anthony Joseph Russell [2015] NSWSC 488 State of New South Wales v Darrego [2011] NSWSC 1449 State of New South Wales v Galanis [2015] NSWSC 133 State of New South Wales v Hill [2015] NSWSC 489 State of New South Wales v Thomas (Final) [2011] NSWSC 307 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 Wilde v State of New South Wales [2015] NSWCA 28 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Kevin Howard (Defendant) Representation: Counsel: T Hammond (Plaintiff) P Coady (Defendant)