State of New South Wales v McGrath [2016] NSWSC 1809

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v McGrath [2016] NSWSC 1809 Hearing dates: 7 December 2016 Date of orders: 15 December 2016 Decision date: 15 December 2016 Jurisdiction: Common Law Before: Johnson J Decision: 1. An order pursuant to ss.5F and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 that the Defendant be subject to a high risk violent offender extended supervision order for a period of three years from the date of this order. 2. An order pursuant to s.11 of the Crimes (High Risk Offenders) Act 2006 directing that the Defendant, for the period of the high risk violent offender extended supervision order, comply with the conditions set out in the schedule to this judgment. Catchwords: HIGH RISK OFFENDER - application for high risk violent offender extended supervision order - serious violent offender - Defendant committed murder in 1998 - motive for murder was obsessive hatred towards person whom Defendant suspected had engaged in child abuse - vigilante act of vengeance - deep-seated belief by Defendant that he is protector and avenger of the vulnerable - beliefs manifested during short release to parole in 2014-2015 before parole revoked - Defendant a high risk violent offender under s.5E(2) Crimes (High Risk Offenders) Act 2006 - extended supervision order made for term of three years Legislation Cited: Crimes (High Risk Offenders) Act 2006 Cases Cited: Lynn v State of New South Wales [2016] NSWCA 57 R v McGrath [2000] NSWSC 419 R v McGrath [2002] NSWCCA 207 State of New South Wales v Ali [2010] NSWSC 1045 State of New South Wales v Colebrook [2016] NSWSC 1702 State of New South Wales v Donovan [2015] NSWCA 280; 90 NSWLR 389 State of New South Wales v McGrath [2016] NSWSC 1560 State of New South Wales v Sancar [2016] NSWSC 867 State of New South Wales v Tillman [2008] NSWSC 1293 Wilde v State of New South Wales [2015] NSWCA 28; 249 A Crim R 65 Texts Cited: --- Category: Principal judgment Parties: State of New South Wales (Plaintiff) Andrew Mark McGrath (Defendant) Representation: Counsel: Mr PG Aitken (Plaintiff) Mr DB O'Neil (Defendant)