State of New South Wales v Mills (No 2) [2017] NSWSC 1442

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Mills (No 2) [2017] NSWSC 1442 Hearing dates: 2 August 2017 Date of orders: 25 October 2017 Decision date: 25 October 2017 Jurisdiction: Common Law Before: Rothman J Decision: (1) The plaintiff have leave to file the Amended Summons provisionally filed in Court on 2 August 2017;

(2) Pursuant to the provisions of s 5F and s 9(1)(a) of the Crimes (High Risk Offenders) Act 2006, the defendant be subject to an extended supervision order for a period of three (3) years from the date of this order;

(3) Pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006, the defendant shall comply, for the period of the extended supervision order issued in these orders, with the conditions set out in the Schedule to this order;

(4) Each party is granted liberty to address the wording of any condition imposed to accord with these reasons. Catchwords: EXTENDED SUPERVISION ORDER – high-risk violence offence – jurisdiction to make orders – jurisdiction to take account of later sexual offending – evaluation of risk – Court possesses jurisdiction – in absence of unacceptable risk of sexual offending Court did not impose conditions relating thereto – discussion of capacity to make orders requiring defendant to undertake employment – Extended Supervision Order granted. Legislation Cited: Crimes (High Risk Offenders) Act 2006 Crimes Act 1900 Cases Cited: Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 Meissner v The Queen (1995) 184 CLR 132; [1995] HCA 41 Seamen's Union of Australia v Utah Development Co (1978) 144 CLR 120; [1978] HCA 46 State of New South Wales v Jeffrey Wayne Davie [2017] NSWSC 600 State of New South Wales v Mills [2016] NSWSC 1165 Water Conservation and Irrigation Commission (NSW) v Browning (1947) 74 CLR 492; [1947] HCA 21 Wilde v State of New South Wales (2015) 249 A Crim R 65; [2015] NSWCA 28 Wilkie v The Commonwealth of Australia; Australian Marriage Equality Ltd v The Minister for Finance [2017] HCA 40 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Patrick Michael Mills (Defendant) Representation: Counsel: L Fernandez (Plaintiff) M Johnston SC (Defendant)