State of New South Wales v Sotheren [2019] NSWSC 57

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Sotheren [2019] NSWSC 57 Hearing dates: 4 February 2019 Date of orders: 08 February 2019 Decision date: 08 February 2019 Jurisdiction: Common Law Before: Campbell J Decision: (1) Under s 9 of the Crimes (High Risk Offenders) Act 2009 Darren James Sotheren is subject to an Extended Supervision Order for a period of 5 years commencing today 8 February 2019 and expiring on 7 February 2024. (2) Under s 11 of the said Act direct that Darren James Sotheren comply with the conditions set out in the schedule to these orders for the duration of the Extended Supervision Order. Catchwords: CRIMINAL LAW - Extended Supervision Orders under the Crimes (High Risk Offenders) Act 2006 (NSW) - high-risk category for violence - unacceptable risk of committing another serious offence - s 9 Extended Supervision Order - primary object of Act to ensure safety and protection of community. Legislation Cited: Crimes (High Risk Offenders) Act 2006 NSW. Mental Health (Forensic Provisions) Act 1990. Cases Cited: State of New South Wales v Bugmey [2017] NSWSC 855 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Darren James Sotheren (Defendant) Representation: Counsel: C. McGorey (Plaintiff) A. Cook (Defendant)

Solicitors: File Number(s): 2018/117803

Judgment 1. The State of New South Wales ("the State") by Amended Summons filed in Court, without objection, on 4 February 2019 applies for an extended supervision order requiring the defendant, Mr Sotheren, to comply with onerous conditions under ss 9 and 11 Crimes (High Risk Offenders) Act 2006 NSW ("the Act"). 2. Mr Sotheren is subject to an Interim Supervision Order under s 10A of the Act which commenced on 25 May 2018 (State of New South Wales v Sotheren (Preliminary) [2018] NSWSC 745, Johnson J). The order made by Johnson J was suspended by dint of s 10C (1A) when Mr Sotheren was taken into lawful custody on charges under s 12 of the Act of having breached the conditions of the ISO and for the offence of malicious damage to property. The parole he had been serving when Johnson J made the ISO was revoked on 5 June 2018. When the additional term he was serving expired on 14 July 2018, Mr Sotheren remained in custody on remand in respect of the new charges until he was released to bail granted by me on 20 November 2018 on condition that he strictly and completely comply with the terms of the ISO which re-commenced its operation after his release. 3. The ISO has twice been extended under s 10C(2) of the Act and expires on 8 February 2019. No further renewals are permissible under the Act.