The State of New South Wales v Johnson [2016] NSWSC 267

Supreme Court New South Wales

Medium Neutral Citation: The State of New South Wales v Johnson [2016] NSWSC 267 Hearing dates: 9 June 2015 & 12 June 2015 Date of orders: 12 June 2015 Decision date: 17 March 2016 Jurisdiction: Common Law Before: Hidden J Decision: Extended supervision order made for 3 years, subject to schedule of conditions. Catchwords: HIGH RISK VIOLENT OFFENDER – Application by State for extended supervision order – issues as to duration, the terms of some proposed conditions – Aboriginal offender – involvement of Tribal Dreaming program Legislation Cited: Crimes (High Risk Offenders) Act 2006 Firearms Act 1996 Weapons Prohibition Act 1998 Cases Cited: R v Johnson (CCA, unreported, 12.11.96) Category: Principal judgment Parties: The State of New South Wales (plaintiff) Douglas Johnson (defendant) Representation: Counsel: Mr L Fernandez (plaintiff) Ms S Hall (defendant)

Solicitors: Crown Solicitor's Office (plaintiff) Legal Aid Commission (defendant) File Number(s): 2015/68956

Judgment 1. HIS HONOUR: The plaintiff, the State of New South Wales, sought an extended supervision order against the defendant, Douglas Johnson, on the basis that he is a high risk violent offender, pursuant to s 5E of the Crimes (High Risk Offenders) Act 2006. On 12 June 2015, I made an order with an attached schedule of conditions, undertaking to give my reasons later. These are those reasons. 2. Through his counsel, the defendant did not concede that an order was appropriate but acknowledged that there was a substantial body of evidence to justify one. The primary areas in dispute were the duration of the order and some of the conditions proposed by the State.