State of New South Wales v Cook (Final) [2019] NSWSC 51

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Cook (Final) [2019] NSWSC 51 Hearing dates: 22 November 2018 Date of orders: 10 December 2018 Decision date: 06 February 2019 Jurisdiction: Common Law Before: Walton J Decision: The Court made the following orders:

(1) pursuant to s 5B and s 9(1)(a) of the Act that the defendant shall be subject to an extended supervision order ("the extended supervision order") for a period of 3 years from 10 December 2018; and

(2) pursuant to s 11 of the Act, direct that the defendant, for the duration of the extended supervision order, comply with the conditions set out in Schedule to the further amended summons filed on 22 November 2018. Catchwords: CIVIL – application pursuant to the Crimes (High Risk Offenders) Act 2006 (NSW) – serious sex offence – application for extended supervision order – whether the defendant is a supervised offender – whether the defendant poses an unacceptable risk of committing another serious offence – consideration of factors in s 9 – extended supervision order made for 3 years – conditions imposed – orders Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW) Crimes Act 1900 (NSW) Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (High Risk Offenders) Amendment Act 2017 (NSW) Cases Cited: Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 R v Cook [2004] NSWCCA 52 State of New South Wales v Bugmy [2017] NSWSC 855 State of New South Wales v Burns [2014] NSWSC 1014 State of New South Wales v Cook [2018] NSWSC 1386 State of New South Wales v Dillon (Final) [2018] NSWSC 1626 State of New South Wales v French (Final) [2017] NSWSC 1475 State of New South Wales v Green (Final) [2013] NSWSC 1003 State of New South Wales v Kamm (Final) [2016] NSWSC 1 State of New South Wales v Pacey [2015] NSWSC 1983 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 State of New South Wales v Thurston [2018] NSWSC 421 State of New South Wales v TT (Preliminary) [2017] NSWSC 1797 State of New South Wales v Wilson (Preliminary) [2017] NSWSC 1367 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) Daryl Norman Stanley Cook (Defendant) Representation: Counsel: D New (Plaintiff) A Cook (Defendant)