State of New South Wales v McLeod (No 3) [2016] NSWSC 1802

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v McLeod (No 3) [2016] NSWSC 1802 Hearing dates: 2 December 2016 Decision date: 14 December 2016 Jurisdiction: Common Law Before: Button J Decision: (1) The interim supervision order imposed on 2 December 2016 of 1 month's duration is quashed. (2) The defendant is subject to a high risk violent offender extended supervision order, pursuant to s 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW), for a period of 2 years to date from 14 December 2016 and expire on 13 December 2018. (3) During the period of the extended supervision order specified in order 2, pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW), the defendant must comply with the conditions set out in the Schedule to the Further Amended Summons filed by the plaintiff on 2 December 2016. Catchwords: CIVIL – Crimes (High Risk Offenders) Act 2006 (NSW) – application for extended supervision order – defendant in custody on pending serious criminal charges – uncertainty as to future custodial status of defendant – duration of extended supervision order – extended supervision order made Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), ss 5A, 5E, 5F(1), 10, 11, 18 Cases Cited: State of New South Wales v Ali [2010] NSWSC 1045 State of New South Wales v Green (Final) [2013] NSWSC 1003 State of New South Wales v Lynn [2013] NSWSC 1147 State of New South Wales v McLeod [2016] NSWSC 1052 State of New South Wales v McLeod (No 2) [2016] NSWSC 1354 State of New South Wales v Tillman [2008] NSWSC 1293 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Keiron John McLeod (Defendant) Representation: Counsel: I Fraser (Plaintiff) A Cook (Defendant)