State of NSW v Colebrook [2016] NSWSC 1702

Supreme Court New South Wales

Medium Neutral Citation: State of NSW v Colebrook [2016] NSWSC 1702 Hearing dates: 29 November 2016 Decision date: 01 December 2016 Jurisdiction: Common Law Before: Adamson J Decision: See paragraph [163] Catchwords: CRIMINAL LAW – Crimes (High Risk Offenders) Act 2006 – application for extended supervision order – final hearing – defendant poses unacceptable risk of committing serious sex offence – consideration of factors in s 9(3) of Crimes (High Risk Offenders) Act 2006 – appropriate period for ESO – relevance of secondary object of encouraging defendant to undertake rehabilitation – whether particular conditions appropriate – need to avoid ambiguity – extended supervision order made for maximum period of five years Legislation Cited: Crimes Act 1900 (NSW) – s 61J Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) – ss 3, 4, 5, 5B, 5C, 5I, 7, 9, 10, 10A, 11, 12, 13, 21, 25 Cases Cited: Lynn v State of New South Wales [2016] NSWCA 57 Regina v Colebrook [1999] NSWCCA 262 State of New South Wales v Colebrook [2016] NSWSC 1295 State of New South Wales v Donovan [2015] NSWCA 280 Wilde v State of New South Wales [2015] NSWCA 28 Category: Principal judgment Parties: The State of New South Wales (Plaintiff) Daniel Michael Colebrook (Defendant) Representation: Counsel: L Fernandez (Plaintiff) D O'Neil (Defendant)

Solicitors: Crown Solicitor's Office (Plaintiff) Legal Aid Commission of NSW (Defendant) File Number(s): 2016/226427 Publication restriction: Nil