State of New South Wales v Merkel [2017] NSWSC 998

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Merkel [2017] NSWSC 998 Hearing dates: 10 July 2017 Date of orders: 10 July 2017 Decision date: 10 July 2017 Jurisdiction: Common Law Before: Fagan J Decision: 1. Pursuant to s 5C and s 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW), the defendant is to be subject to a high risk sex offender extended supervision order for a period of 3 years from 10 July 2017.

2. Pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW) the defendant is directed for the period of the extended supervision order to comply with the conditions in Schedule A to these orders.

3. The reports of Dr Jonathan Adams dated 3 July 2017 and Chelsey Dewson dated 28 June 2017 may be provided by the plaintiff to Corrective Services New South Wales, to any agency involved in the defendant's supervision and to the defendant's treating clinicians and healthcare practitioners.

4. Pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010 (NSW) it is prohibited to publish or disclose the content of this judgment or any evidence given in these proceedings tending to identify the defendant with the offences alleged to have been committed by him on 28 July 2004 for which he is to stand trial on 25 September 2017 on grounds that it is necessary to make such an order for the integrity of the administration of justice and to ensure there is no negative publicity which may compromise the jury's deliberations in the forthcoming trial.

5. Order 4 is to remain in force until the conclusion of proceedings against the defendant upon the indictment on which he is to be tried in the District Court on 25 September 2017. Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes Act 1900 (NSW) Category: Principal judgment Parties: State of New South Wales (plaintiff) John Martin Merkel (defendant) Representation: Counsel: Mr Ian Fraser/Ms Alexandra Rose (plaintiff) Mr Anton Hughes (defendant)