State of NSW v Weribone [2016] NSWSC 1474

Supreme Court New South Wales

Medium Neutral Citation: State of NSW v Weribone [2016] NSWSC 1474 Hearing dates: 12 October 2016 Date of orders: 19 October 2016 Decision date: 19 October 2016 Jurisdiction: Common Law Before: Bellew J Decision: See [83] Catchwords: HIGH RISK OFFENDER – Application for Extended Supervision Order – Whether defendant a high risk violent offender – No point of principle Legislation Cited: Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: Anderson v State of NSW [2016] NSWCA 86 State of NSW v Conway [2011] NSWSC 925 State of NSW v Conway [2011] NSWSC 976 State of NSW v Thorne [2016] NSWSC 233 State of NSW v Veeran [2015] NSWSC 75 State of NSW v Weribone [2016] NSWSC 1046 Category: Principal judgment Parties: State of NSW – Plaintiff Archie Weribone – Defendant Representation: Counsel: I Fraser – Plaintiff M Johnston SC – Defendant

Solicitors: Crown Solicitor for NSW – Plaintiff Legal Aid NSW – Defendant File Number(s): 2016/206202 Publication restriction: Nil

Judgment

INTRODUCTION 1. By an amended summons filed in court on 12 October 2016 the plaintiff seeks the following: An order pursuant to s. 17(1)(a) of the Crimes (High Risk Offenders) Act 2006 that the defendant be subject to a High Risk Offender Extended Supervision Order for a period of 5 years from the date of the order and, pursuant to s. 11 of the Act, a direction that for the period of the Extended Supervision Order the defendant comply with the conditions set out in the schedule to this further amended summons. 1. The defendant does not accept that he is a high risk violent offender. In the event that I find that he is, he raises no opposition to the making of an Extended Supervision Order ("ESO") under the Crimes (High Risk Offenders) Act 2006 (NSW) ("the Act"). However, he takes issue with: 1. the plaintiff's suggested duration of 5 years of any ESO; and 2. the terms of some of the conditions which the plaintiff seeks to attach to such order.