State of New South Wales v French (Final) [2017] NSWSC 1475

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v French (Final) [2017] NSWSC 1475 Hearing dates: 16 June; 7 July 2017 Date of orders: 27 October 2017 Decision date: 27 October 2017 Jurisdiction: Common Law Before: Walton J Decision: I propose to order pursuant to ss 5C(1) and 9(1)(a) of the Act that the defendant be subject to a high risk sex offender extended supervision order for a period of 5 years from the date of this judgment. I also propose to 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 pursuant to s 11 of the Act.

In order to facilitate the disposition of the matter in that fashion the State shall file and serve short minutes of order, reflecting this judgment, within 7 days of the publication of this judgment. The defendant shall either confirm the order proposed by the State or submit an alternative form of order within 14 days of the publication of this judgment. The Court will then make orders administratively in Chambers. Catchwords: CIVIL – application pursuant to the Crimes (High Risk Offenders) Act 2006 (NSW) – serious sex offender –application for an extended supervision order – whether the defendant is a high risk sex offender – whether the defendant poses an unacceptable risk of committing a further serious sex offence – consideration of factors in s 9 – rulings on admissibility and weight of evidence – the implication of evidence as to V2 – extended supervision order made for maximum duration of 5 years – conditions imposed Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Crimes Act 1900 (NSW) Cases Cited: Attorney General for NSW v Tillman [2007] NSWCA 119 Attorney General v Gallagher [2006] NSWSC 340 Attorney-General of NSW v McGuire [2016] NSWSC 158 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 French v Regina [2006] NSWCCA 361 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 New South Wales v Anderson [2015] NSWSC 1515 State of New South Wales v Brookes (Final) [2017] NSWSC 215 State of New South Wales v Bugmy [2017] NSWSC 855 State of New South Wales v Burns [2014] NSWSC 1014 State of New South Wales v Conway [2011] NSWSC 925 State of New South Wales v Darrego [2011] NSWSC 1449 State of New South Wales v Donovan (2015) 90 NSWLR 389; [2015] NSWCA 280 State of New South Wales v Fisk [2013] NSWSC 364 State of New South Wales v Green (final) [2013] NSWSC 1003 State of NSW v Ali [2010] NSWSC 1045 State of NSW v Amohanga [2015] NSWSC 875 State of NSW v Baldwin [2016] NSWSC 1498 State of NSW v Donovan [2015] NSWCA 280 State of NSW v Fernando [2016] NSWSC 1665 State of NSW v Kamm (Final) [2016] NSWSC 1 State of NSW v Steadman [2016] NSWSC 174 Wilde v State of NSW [2015] NSWCA 28 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Barrie James French (Defendant) Representation: Counsel: H Bennett (Plaintiff) A Cook and K Averre (Defendant)