State of New South Wales v Hill [2016] NSWSC 913

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Hill [2016] NSWSC 913 Hearing dates: 10 June 2016 Date of orders: 05 July 2016 Decision date: 05 July 2016 Jurisdiction: Common Law Before: Harrison J Decision: (1) Pursuant to s 9(1)(b) of the Crimes (High Risk Offenders) Act 2006, the application for an extended supervision order is dismissed. (2) Order the plaintiff to pay the defendant's costs of and incidental to these proceedings. Catchwords: CRIMINAL LAW – Crimes (High Risk Offenders) Act 2006 – extended supervision orders – high risk sex offender – whether Court satisfied "to a high degree of probability" that the offender poses an unacceptable risk of committing a serious sex offence – where experts determined that offender was in the moderate to high risk category of re-offending compared to other sex offenders – where connection made between drug and alcohol use and the risk of reoffending – where offender had committed a number of breaches of a previous extended supervision order and spent significant periods in custody as a result – where offender had not committed a serious sex offence for a significant period of time Legislation Cited: Crimes (High Risk Offenders) Act 2006 Crimes (Serious Sex Offenders) Amendment Act 2010 Crimes (Serious Sex Offenders) Amendment Act 2013 Cases Cited: Lynn v State of New South Wales [2016] NSWCA 57 NSW v Thomas (Final) [2011] NSWSC 307 R v Hill [2005] NSWCCA 44 State of New South Wales v Atkins [2014] NSWSC 292 State of New South Wales v Fisk [2013] NSWSC 364 State of New South Wales v Hill (No. 3) [2009] NSWSC 1139 State of New South Wales v Hill (No. 4) [2010] NSWSC 1504 State of New South Wales v Hill (No. 5) [2013] NSWSC 140 State of New South Wales v Tillman [2008] NSWSC 1293 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Allan Troy Hill (Defendant) Representation: Counsel: D T Kell (Plaintiff) M Johnston SC (Defendant)