State of New South Wales v Nason (No 2) [2016] NSWSC 1804

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Nason (No 2) [2016] NSWSC 1804 Hearing dates: 1 December 2016 Decision date: 14 December 2016 Jurisdiction: Common Law Before: Button J Decision: (1) The interim supervision order that was renewed on 22 November 2016 and that expires on 20 December 2016 is quashed. (2) The defendant is subject to a high risk violent offender extended supervision order of 12 month's duration to date from 14 December 2016 and expire on 13 December 2017. (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 attached to this judgment. (4) The reports of Dr Anthony Samuels of 13 October 2016 and Mr Patrick Sheehan of 20 September 2016 may be provided to Corrective Services New South Wales, any agency involved in the defendant's supervision, and the defendant's treating clinician(s) or health care practitioner(s). Catchwords: CIVIL LAW – application for an extended supervision order pursuant to Crimes (High Risk Offenders) Act 2006 – final hearing – defendant with relatively short record for violence – concern about mental illness – extended supervision order made Legislation Cited: Crimes Act 1900 (NSW), ss 33(1)(a), 33B(1)(a) Crimes (High Risk Offenders) Act 2006 (NSW), ss 5A, 5E, 5F, 5J(2), 9, 9(3), 11 Cases Cited: State of New South Wales (for the Attorney General of NSW) v Nason [2016] NSWSC 1171 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 Tillman [2008] NSWSC 1293 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Brian Edward Nason (Defendant) Representation: Counsel: H Bennett (Plaintiff) M Johnston (Defendant)