State of NSW v DK [2018] NSWSC 53

Supreme Court New South Wales

Medium Neutral Citation: State of NSW v DK [2018] NSWSC 53 Hearing dates: 30 January 2018 Decision date: 02 February 2018 Jurisdiction: Common Law Before: Fullerton J Decision: 1. Pursuant to ss 5C and 17(1)(b) of the Crimes (High Risk Offenders) Act 2006 (the Act), the defendant is subject to a continuing detention order for a period of 6 months from 2 February 2018.

2. Pursuant to ss 5B and 17(1)(a) of the Act, the defendant is subject to an extended supervision order for a period of 4 years to commence at the expiration of the continuing detention order.

3. Pursuant to s 11 of the Act, the defendant is directed, for the period of the extended supervision order, to comply with the conditions set out in the schedule of conditions annexed to these orders. Catchwords: HIGH RISK OFFENDER – final hearing – application for continuing detention order – application for extended supervision order – the period for which the continuing detention order should be imposed. Legislation Cited: Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (High Risk Offenders) Amendment Act 2017 (NSW) Mental Health Act 2007 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: State of New South Wales v DK [2017] NSWSC 1848 State of New South Wales v Windle (No 3) [2017] NSWSC 727 Category: Principal judgment Parties: State of New South Wales (Plaintiff) DK (Defendant) Representation: Counsel: B Anniwell (Plaintiff) P Coady (Defendant)