State of New South Wales v Steven Single [2019] NSWSC 176

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Steven Single [2019] NSWSC 176 Hearing dates: 13 December 2018 and 14 February 2019 Date of orders: 13 December 2018 Decision date: 01 March 2019 Jurisdiction: Common Law Before: Hamill J Decision: Extended supervision order made with conditions – see paragraph [70] and schedule of conditions. Catchwords: CIVIL LAW – high risk sex offender – imminent release – whether extended supervision order appropriate – statutory criteria – whether satisfied – history of sexual offending – expert opinions as to risk – assessment reports – where defendant concedes order likely to be made – conditions – whether conditions can include obligation to submit to search and seizure – requirement of legality – construction of statute – objective of legislation – protection of the community – where search power facilitates compliance with other conditions – citizen's right not to be subject to arbitrary search – conditions allowing search amended and limited – conditions involving supervising officer – whether conditions proposed by state improper delegation of court's power to impose conditions – conditions modified Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 4, 5, 5B, 5I, 7, 9, 11 and Part 3 Crimes Act 1914 (Cth), Pt 1B Commonwealth Constitution, s 109 Commonwealth Criminal Code Act 1995, s 474.26(1) Child Protection (Offenders Registration) Act 2000, s 16C Law Enforcement (Powers and Responsibilities) Act 2002, Pts 4, 5 and 6 Crimes (Administration of Sentences) Act 1999 United States Constitution, Article [IV] Cases Cited: Anderson v State of New South Wales [2016] NSWCA 86 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 George v Rockett (1990) 170 CLR 104; [1990] HCA 26 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225 Lynn v State of New South Wales [2016] NSWCA 57 Secretary, Department of Family and Community Services v Hayward (a pseudonym) [2018] NSWCA 209 State of New South Wales v Bugmy [2017] NSWSC 855 State of New South Wales v Carr [2014] NSWSC 1348 State of New South Wales v Donovan [2015] NSWCA 280 State of New South Wales v Donovan [2015] NSWSC 1254 State of New South Wales v John Raymond Holschier [2016] NSWSC 234 State of New South Wales v Jones [2018] NSWSC 459 State of New South Wales v Kamm (Final) [2016] NSWSC 1 State of New South Wales v Loto [2018] NSWSC 1522 State of New South Wales v Thurston [2018] NSWSC 421 Wilde v State of New South Wales [2015] NSWCA 28 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Steven Single (Defendant) Representation: Counsel: J Emmett (Plaintiff) S Beckett and S Climo (Defendant)