State of New South Wales v McGee [2019] NSWSC 109

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v McGee [2019] NSWSC 109 Hearing dates: 13 February 2019 Date of orders: 20 February 2019 Decision date: 20 February 2019 Jurisdiction: Common Law Before: Wilson J Decision: 1. Pursuant to s 5B and s 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 an extended supervision order is imposed upon the defendant for a period of 2 years from 29 March 2019. 2. The defendant must comply with the conditions annexed to this judgment for the period of the extended supervision order. 3. Access to the Court's file in this proceeding is restricted. Access is only permitted to a non-party with the leave of a judge of the Court, and with prior notice to the parties so as to allow them an opportunity to be heard in respect of the application for access. 4. Liberty to apply to restore the matter to the list before me on 48 hours notice to my Associate. Catchwords: HIGH RISK VIOLENT OFFENDER – civil law – Crimes (High Risk Offenders) Act 2006 (NSW) – application for extended supervision order – index offence of recklessly causing grievous bodily harm - question as to duration of order and appropriate conditions – order made for a period of two years Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), ss 5A, 5B(a)-(d), 5I Crimes (Sentencing Procedure) Act 1999 (NSW), s 33 Criminal Procedure Act 1985 (NSW), Div 7 of Pt 3, Ch 3 Cases Cited: Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 State of New South Wales v Donovan (2015) 90 NSWLR 389; [2015] NSWCA 280 State of New South Wales v Green (Final) [2013] NSWSC 1003 State of New South Wales v McGee (Preliminary) [2019] NSWSC 53 State of New South Wales v Sotheren (Preliminary) [2018] NSWSC 754 State of NSW v Keith Farringdon [2018] NSWSC 874 Wilde v State of New South Wales (2015) 249 A Crim R 65; [2015] NSWCA 28 Category: Principal judgment Parties: State of New South Wales Charlie McGee Representation: Counsel: Ms D New (ib Ms E Fitzgerald) (Plaintiff) Ms S Goodwin (ib Ms R Clayton) (Defendant)