State of New South Wales v Martin [2017] NSWSC 414

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Martin [2017] NSWSC 414 Hearing dates: 11 April 2017 Date of orders: 12 April 2017 Decision date: 13 April 2017 Jurisdiction: Common Law Before: Adamson J Decision: See [92] of these reasons. Catchwords: CRIMES (HIGH RISK OFFENDERS) ACT 2006 – application for continuing detention order as defendant had refused to complete courses in gaol – application refused on the basis of expert evidence that participation in the courses would not significantly ameliorate risk in the defendant's case

CRIMES (HIGH RISK OFFENDERS) ACT 2006 – indigenous offender – long period in custody for murder of former de facto partner – long-standing substance abuse – upbringing that condoned violence towards women – need for extended supervision order for maximum period to manage risk – conditions reasonable and necessary in light of risk Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW) s197(2)(b) Crimes (High Risk Offenders) Act 2006 (NSW) ss 3, 4, 5B(2), 5E, 5F, 5G, 5H, 5J, 7(4), 9, 10, 11, 13C, 15(4), 17(1)(a), 17(4), 18, 18B, 18C, 18C(2), 21, 25 Cases Cited: Attorney-General for the State of New South Wales v Gallagher [2006] NSWSC 340 Attorney-General for the State of New South Wales v Quinn [2007] NSWSC 873 Attorney-General for the State of New South Wales v Tillman [2007] NSWCA 119 R v Martin [2002] NSWSC 577 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Gerard Thomas Martin (Defendant) Representation: Counsel: T Hammond (Plaintiff) A Hawkins (Defendant)