State of New South Wales v Bastian [2016] NSWSC 331

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Bastian [2016] NSWSC 331 Hearing dates: 18 March 2016 Decision date: 30 March 2016 Jurisdiction: Common Law Before: Adamson J Decision: See paragraph 114 Catchwords: CRIMINAL LAW – high-risk sex offender - application by State for second extended supervision order – order made for maximum period – consideration of content of conditions – access to pornography prohibited Legislation Cited: Crimes Act 1900 (NSW), ss 61O(2), 66A, 66B, 66C, 66D, 66EB, 78Q(2), 91H(2), 91K Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 5, 5B, 5C, 5H, 5I, 7, 9, 10, 11, 12, 13, 21 Cases Cited: Lynn v State of New South Wales [2016] NSWCA 57 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Raymond Bastian (Defendant) Representation: Counsel: N Sharp (Plaintiff) K Averre (Defendant)

Solicitors: Crown Solicitor for NSW (Plaintiff) Legal Aid NSW (Defendant) File Number(s): 2015/329196

Judgment

Introduction 1. By summons filed on 9 November 2015, the State of New South Wales (the plaintiff) seeks a five-year extended supervision order (ESO) in respect of Raymond Bastian (the defendant) pursuant to s 9 of the Crimes (High Risk Offenders) Act 2006 (NSW) (the Act). 2. On 9 December 2015, Fagan J made an interim supervision order (ISO) against the defendant pursuant to s 10A of the Act, which commenced on 28 December 2015. On 29 December 2015 the defendant was arrested and taken into custody for breaching his ISO. On 20 January 2016, following a plea of guilty, he was convicted and sentenced to a term of imprisonment which will expire on 28 September 2016. Accordingly, the plaintiff seeks an ESO from that date.