State of New South Wales v Turk [2017] NSWSC 705

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Turk [2017] NSWSC 705 Hearing dates: 30 & 31 May 2017 Date of orders: 09 June 2017 Decision date: 09 June 2017 Jurisdiction: Common Law Before: Davies J Decision: See para [111] Catchwords: CRIMINAL LAW – high risk offenders – high risk violent offenders – application for Extended Supervision Order – prior serious violence offence was murder – lengthy criminal record – offences of violence – offence of attempted discharge of weapon with intent to avoid apprehension – defendant with neuro-cognitive disorder, antisocial personality disorder and substance use disorder – alcohol usually involved in violent offending by defendant – continuing drug use whilst on parole resulting in revocation of parole on two occasions – assessed by three experts as medium/high or high risk of further violent offending – appropriate length of ESO – conditions – whether electronic monitoring necessary – whether schedule of movements necessary – whether conditions should impose restrictions on entering licensed premises and associating with people consuming alcohol – ESO imposed for three years Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Lynn v State of New South Wales [2016] NSWCA 57 R v Turk [2000] NSWSC 1071 Regina v Turk [2001] NSWCCA 547 State of NSW v Colin John Fisk [2009] NSWSC 778 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 Tillman v Attorney-General for the State of New South Wales (2007) 70 NSWLR 448; [2007] NSWCA 327 Wilde v State of NSW [2015] NSWCA 28 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Andrew Turk (Defendant) Representation: Counsel: L Fernandez (Plaintiff) D O'Neil (Defendant)