State of New South Wales v Thurston [2018] NSWSC 421

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Thurston [2018] NSWSC 421 Hearing dates: 19 March 2018 Date of orders: 20 April 2018 Decision date: 20 April 2018 Jurisdiction: Common Law Before: Garling J Decision: (1) Application dismissed. (2) Plaintiff to pay the defendant's costs. Catchwords: CIVIL LAW – application pursuant to the Crimes (High Risk Offenders) Act 2006 (NSW) – final hearing –defendant previously convicted of murder – extended supervision order sought – whether Court satisfied to a high degree of probability that defendant poses an unacceptable risk of committing a serious violence offence if not kept under supervision – psychiatric evidence – issues of the appropriate duration of any extended supervision order and nature of conditions to be imposed – threshold issue of unacceptable risk not established – application dismissed Legislation Cited: Crimes (High Risk Offenders) Act 2006 Crimes (High Risk Offenders) Amendment Act 2017 Crimes (Sentencing Procedure) Act 1999 Crimes (Serious Sex Offenders) Amendment Act 2013 Crimes Act 1900 Cases Cited: Attorney-General for NSW v Gallagher [2006] NSWSC 340 Attorney-General for NSW v Quinn [2007] NSWSC 873 Attorney-General for NSW v Winters [2007] NSWSC 611 Cornwall v Attorney-General for NSW [2007] NSW CA 374 Kamm v State of New South Wales (No 4) [2017] NSWCA 189; (2017) 345 ALR 669 Lynn v State NSW [2016] NSWCA 57 Mitchell v The Queen [1996] HCA 45; (1996) 184 CLR 333 R v Lamb & Thurston [2002] NSWSC 1025 R v Thurston [2004] NSWCCA 98 State of New South Wales v Donovan [2015] NSWCA 280 State of New South Wales v Donovan [2015] NSWSC 1254 State of New South Wales v Sines (No 3) [2017] NSWSC 985 State of New South Wales v Turk [2017] NSWSC 705 State of NSW v Lynn [2013] NSWSC 1147 State of NSW v Pacey [2015] NSWSC 1983 State of NSW v Thomas (Preliminary) [2011] NSWSC 118 State of NSW v Thurston [2017] NSWSC 1760 Tillman v Attorney General for the State of New South Wales [2007] NSWCA 327; (2007) 70 NSWLR 448 Wilde v State of New South Wales [2015] NSWCA 28 Texts Cited: New South Wales Legislative Assembly, Second Reading Speech, 11 October 2017 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Edward George Thurston (Defendant) Representation: Counsel: D New (Plaintiff) A Cook (Defendant)