State of New South Wales v Mills [2019] NSWSC 298

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Mills [2019] NSWSC 298 Hearing dates: 26 February 2019 Date of orders: 22 March 2019 Decision date: 22 March 2019 Jurisdiction: Common Law Before: Campbell J Decision: Under s 13(1) of the Crimes (High Risk Offenders) Act 2006, the extended supervision order (ESO) made by Justice Rothman on 25 October 2017 is varied so that the conditions of the ESO as ordered by Justice Rothman in order 3 and set out in the schedule to his Honour's orders are replaced with the conditions set out in Schedule A to this judgment; Under s 11 of the said Act, direct that the defendant is to comply with the conditions set out in schedule A for the term of the ESO. Catchwords: HIGH RISK OFFENDER – Section 13 Application for variation of existing ESO for violent offending – anti-social personality disorder – query unacceptable risk of committing serious sex offence – general sexual preoccupation – conditions appropriate to risk of sex offending Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (High Risk Offenders) Act 2017 (NSW), ss 5, 9, 10, 11, 12, 13, 21, Cases Cited: Ainslie v Ainslie (1927) 39 CLR 381 State of New South Wales v Kay [2018] NSWSC 1235 State of New South Wales v Mills (No 2) [2017] NSWSC 1442 State of New South Wales v Schmidt (Preliminary) [2019] NSWSC 52 Meissner v R (1995) 184 CLR 132; [1995] HCA 41 Texts Cited: Spencer Bower and Handley Res Judicata, Fourth Ed. (2009) Category: Procedural and other rulings Parties: State of New South Wales (Applicant) Patrick Michael Mills (Respondent) Representation: Counsel: D. New (Applicant) S.M. Fernando (Defendant)