State of New South Wales v Sleeman (Final) [2018] NSWSC 1360

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Sleeman (Final) [2018] NSWSC 1360 Hearing dates: 17 August 2018 Decision date: 23 August 2018 Jurisdiction: Common Law Before: R A Hulme J Decision: Extended supervision order for a period of 4 years with conditions Catchwords: HIGH RISK OFFENDER – serious sex offender – extended supervision orders – whether Court satisfied to high degree of probability that offender poses unacceptable risk of committing another serious offence if not kept under supervision under order – where defendant diagnosed with Asperger's syndrome – where defendant had sexual assault and indecent assault convictions – where defendant of well above average risk of reoffending – extended supervision order granted for period of four years. Legislation Cited: Child Protection (Offenders Prohibition Orders) Act 2004 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: State of New South Wales v Hampton [2018] NSWSC 360 State of New South Wales v Sleeman (Preliminary) [2018] NSWSC 562 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Nathan Sleeman (Defendant) Representation: Counsel: Ms D New (Plaintiff) Mr D O'Neil (Defendant)

Solicitors: Crown Solicitors Legal Aid NSW File Number(s): 2018/99813

Judgment 1. HIS HONOUR: This is an application by the State of New South Wales for an extended supervision order against Nathan Sleeman pursuant to the Crimes (High Risk Offenders) Act 2006 (NSW) ("the Act"). 2. The relevant statutory provisions and information as to Mr Sleeman's background and history of offending may be found in my judgment of 1 May 2018 which led to the making of interim orders at the preliminary hearing of the matter: State of New South Wales v Sleeman (Preliminary) [2018] NSWSC 562 ("preliminary judgment"). That judgment should be read in conjunction with this because I intend to avoid repetition as far as possible. 3. Mr Sleeman had been released from gaol on 25 February 2018 and was subject to parole supervision until the total term of his sentence expired on 25 May 2018. From that time he was subject to the interim supervision order I made which has been extended a number of times but will expire on 24 August 2018. 4. Another order that was made on 1 May 2018 was to the effect that two experts were to examine Mr Sleeman and provide the Court with reports. As a result, there is a report by Ms Jenny Howell, forensic psychologist, dated 25 May 2018 and a report by Dr Andrew Ellis, forensic psychiatrist, dated 27 May 2018.