State of New South Wales v Whaley [2018] NSWSC 759

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Whaley [2018] NSWSC 759 Hearing dates: 18 May 2018 Date of orders: 25 May 2018 Decision date: 25 May 2018 Jurisdiction: Common Law Before: Campbell J Decision: (1) Under s 5B and s 9(1) of the Crimes (High Risk Offenders) Act 2006 Mark Stephen Whaley is subject to an Extended Supervision Order for a period of 3 years and 6 months commencing 26 May 2018 and expiring on 25 November 2021;

(2) Under s 11 of the said Act direct that Mark Stephen Whaley comply with the conditions set out in the Schedule to these orders for the duration of the Extended Supervision Order. Catchwords: CIVIL LAW – Application for Extended Supervision Order - High Risk Offender - conditions are satisfied -serious offence - wanton murders - assault occasioning bodily harm in custody - Interim Supervision Order - whether there is a high degree of probability that the offender poses an unacceptable risk of committing another serious offence - work release program breach - ongoing substance abuse - encouraging signs - absence of violence for 25 years whilst in custody - independent living and employment - actively pursuing a pro-social lifestyle - Court Appointed Experts - forensic psychiatrists - history - diagnoses - anti-social personality disorder - criminogenic factors - substance abuse - chaotic and deprived childhood - appropriate conditions - electronic monitoring - curfew - modified Legislation Cited: Crimes Act 1900 (NSW) s 59; Crimes (High Risk Offenders) Act 2006 (NSW) ss 5A, 5B, 9, 11 Cases Cited: Lynn v State of New South Wales [2016] 91 NSWLR 636; [2016] NSWCA 57 Texts Cited: Nil Category: Principal judgment Parties: State of New South Wales (Plaintiff) Mark Stephen Whaley (Defendant) Representation: Counsel: P Aitken (Plaintiff) A Hawkins (Defendant)