State of New South Wales v McCarthy [2017] NSWSC 24

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v McCarthy [2017] NSWSC 24 Hearing dates: 30 January 2017 Date of orders: 02 February 2017 Decision date: 02 February 2017 Jurisdiction: Common Law Before: Davies J Decision: The conditions of the Defendant's Extended Supervision Order are varied as appear in Annexure "B" to the judgment. The Defendant is directed to comply with those conditions. Catchwords: CRIMINAL LAW - high risk offenders – extended supervision orders – order made in 2009 – defendant subsequently incarcerated for breaches of conditions and for further offending – revival of the ESO after release from further custody – application by the State to vary the conditions of the ESO – whether appropriate to include search and seizure provisions in the conditions – defendant had psychopathic and paraphiliac diagnoses – assessed as moderately high risk of future offending - defendant had purchased additional mobile telephones and SIM cards and failed to provide details to supervising officer – telephones used in offending – search and seizure conditions appropriate Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes (Serious Sex Offenders) Act 2006 (NSW) Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) Cases Cited: State of NSW v McCarthy [2009] NSWSC 1407 State of New South Wales v McCarthy [2015] NSWSC 1780 Wilde v State of New South Wales [2015] NSWCA 28 Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) Rodney Raymond McCarthy (Defendant) Representation: Counsel: I Fraser (Plaintiff) K Averre (Defendant)