State of New South Wales v O’Donnell (Final) [2018] NSWSC 563

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v O'Donnell (Final) [2018] NSWSC 563 Hearing dates: 20 April 2018 Decision date: 01 May 2018 Jurisdiction: Common Law Before: R A Hulme J Decision: Extended supervision order for a period of 3 years with conditions Catchwords: HIGH RISK OFFENDER – serious sex offender – extended supervision order final hearing – whether high degree of probability that defendant poses unacceptable risk of committing another serious offence if not under supervision of ESO – where defendant convicted of violent sexual assault and conspiracy to murder – where defendant evinced denial of responsibility for offences – where defendant convicted of aggravated indecent assault on person under 16 – where defendant subject of allegations not resulting in charge or conviction – where defendant subject of allegation of sexual assault resulting in APVO – where defendant's parole revoked due to breach of alcohol abstinence direction – where psychiatrists and psychologists almost unanimously categorised defendant's risk of reoffending as moderate to high – where defendant diagnosed with HIV-associated neurocognitive disorder – extended supervision order granted Legislation Cited: Crimes Act 1900 (NSW) ss 26, 33, 36(b), 61J, 61M(2) Crimes (High Risk Offenders) Act 2006 (NSW) ss 5, 5A, 5B, 5D, 9(1)(a), 9(3), 11 Firearms Act 1996 (NSW) s 4 Weapons Prohibition Act 1998 (NSW) s 4, Sch 1 Cases Cited: Attorney General for New South Wales v Steadman [2016] NSWSC 174 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 State of New South Wales v French (Final) [2017] NSWSC 1475 State of New South Wales v Kamm (Final) [2016] NSWSC 1 Wilde v State of New South Wales [2015] NSWCA 28; 249 A Crim R 65 Category: Principal judgment Parties: State of New South Wales (Plaintiff) David James O'Donnell (Defendant) Representation: Counsel: Ms D New (Plaintiff) Mr D O'Neil (Defendant)