State of New South Wales v Manners [2015] NSWSC 2012

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Manners [2015] NSWSC 2012 Hearing dates: 11 December 2015 Date of orders: 11 December 2015 Decision date: 11 December 2015 Jurisdiction: Common Law Before: Fagan J Decision: 1. Pursuant to s 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW) ("the Act"), the defendant is to be the subject of an extended supervision order for a period of five years from 18 December 2015, and pursuant to s 11 of the Act, the defendant is directed for the period of the extended supervision order to comply with the conditions numbered 1 to 46 on the schedule which accompanies these orders.

2. The interim supervision order made by Justice R A Hulme on 28 September 2015 pursuant to s10A of the Act is to cease to have effect from the commencement of Order 1 on 18 December 2015.

3. The reports of Dr Anthony Samuels dated 2 September 2015 and of Dr Adam Martin dated 11 November 2015 prepared pursuant to orders of the Court made under s 7(4) of the Act may be provided by the plaintiff to Corrective Services New South Wales, to any agency involved in the defendant's supervision and to the defendant's treating clinicians or health care practitioners. Catchwords: HIGH RISK OFFENDER – application for extended supervision order – Crimes (High Risk Offenders) Act 2006 (NSW), s 9 – whether high risk sex offender – whether high degree of probability that offender poses unacceptable risk of committing serious sex offence – disputed conditions Legislation Cited: Child Protection (Offenders Prohibition Orders) Act 2004 (NSW) Child Protection (Offenders Registration) Act 2000 (NSW) Child Protection (Prohibited Employment) Act 1998 (NSW) Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Criminal Code Act 1995 (Cth) Cases Cited: Attorney General of New South Wales v McGuire [2015] NSWSC 152 State of New South Wales v Mackey (No 2) [2015] NSWSC 1153 State of New South Wales v Manners [2008] NSWSC 1376 Category: Principal judgment Parties: State of New South Wales (Applicant) Andrew Robert Manners (Respondent) Representation: Counsel: James Emmett/Amelia Avery-Williams (Applicant) Peter Skinner (Respondent)