State of New South Wales v Prince (Final) [2017] NSWSC 1749

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Prince (Final) [2017] NSWSC 1749 Hearing dates: 11 December 2017 Decision date: 15 December 2017 Jurisdiction: Common Law Before: R A Hulme J Decision: The application by the State for an extended supervision order is dismissed. Catchwords: CRIMES (HIGH RISK OFFENDERS) ACT 2006 – application for extended supervision order – final hearing – whether unacceptable risk of defendant committing another serious violence offence – index offence wounding with intent to cause grievous bodily harm – very lengthy history of violent offences – most involving no or relatively minor injuries – index offence only serious violence offence – use of weapons considered – anger management problems – alcohol abuse – risk of further violent offending posed – low prospect of further offences becoming serious – supervision highly desirable – extended supervision orders not substitute for parole – application dismissed Legislation Cited: Crimes Act 1900 (NSW) s 33(1)(a) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (High Risk Offenders) Amendment Act 2017 (NSW) s 5B Cases Cited: Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 Prince v R [2013] NSWCCA 274 State of New South Wales v Lynn [2013] NSWSC 1147 State of New South Wales v Prince [2017] NSWSC 1404 State of New South Wales v Wilson (Preliminary) [2017] NSWSC 1367 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Ian Prince (Defendant) Representation: Counsel: G Wright (Plaintiff) D O'Neil (Defendant)