The State of New South Wales v Manna [2017] NSWSC 463

Supreme Court New South Wales

Medium Neutral Citation: The State of New South Wales v Manna [2017] NSWSC 463 Hearing dates: 28 February 2017 Date of orders: 21 April 2017 Decision date: 21 April 2017 Jurisdiction: Common Law Before: Walton J Decision: I dismiss the primary application made by the State for a continuing detention order. I grant the State's application for an extended supervision order in accordance with its alternative application in the further amended summons filed in court upon the conditions sought therein and contained in Annexure A and accordingly will make orders for compliance under s 11 of the Act.

Rather than making an order this day, I shall foreshadow a proposed order and provide the parties an opportunity to propose any variation to the order, reflecting this judgment, before final orders are made.

The proposed order consists of two parts as follows:

1. I order pursuant ss 5F(1) and (9)(1)(a) of the Act that the defendant be subject to a high risk violent offender extended supervision order for a period of 5 years from the date of this judgment and, pursuant to s 11 of the Act, I make an order directing the defendant comply with the conditions set in the Schedule marked Annexure A attached to this judgment for the duration of the order.

2. The interim extended supervision order made on 13 April 2017 is dissolved. Catchwords: CIVIL – application pursuant to the Crimes (High Risk Offenders) Act 2006 (NSW) – high risk violent offender – application for a continuing detention order – application for an extended supervision order – whether the defendant poses an unacceptable risk of committing a serious violence offence – whether an extended supervision order would provide adequate supervision – the implication of evidence given by the defendant – application for a continuing detention order dismissed – application for an extended supervision order granted Legislation Cited: Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: Abalos v Australian Postal Commission (1990) 171 CLR 167; [1990] HCA 47 Anderson v State of New South Wales [2016] NSWCA 86 Attorney-General of NSW v McGuire [2016] NSWSC 158 Further application of Petronella Boege pursuant to s 78 of the Crimes (Appeals and Review) Act 2001 [2015] NSWSC 1925 Kalokerinos v Burnett [1996] NSWCA 288 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 New South Wales v McMaster [2015] NSWCA 228 R v Manna (District Court (NSW), Nield DCJ,12 September 1997, unrep) R v Manna [1999] NSWCCA 314 State of New South Wales v Armstrong [2015] NSWSC 1510 State of New South Wales v Donovan (2015) 90 NSWLR 389; [2015] NSWCA 280 State of New South Wales v Donovan [2015] NSWSC 1254 State of New South Wales v Manna (preliminary hearing) [2016] NSWSC 1841 Whisprun Pty Ltd (formerly Northwest Exports Pty Ltd) v Dixon (2003) 200 ALR 447; [2003] HCA 48 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Adriana Giuseppe Manna (Defendant) Representation: Counsel: Ms G Wright (Plaintiff) Ms R Mathur (Defendant)