State of NSW v NW [2019] NSWSC 415

Supreme Court New South Wales

Medium Neutral Citation: State of NSW v NW [2019] NSWSC 415 Hearing dates: 9 April 2019 Date of orders: 16 April 2019 Decision date: 16 April 2019 Jurisdiction: Common Law Before: Harrison J Decision: See [35] Catchwords: HIGH RISK OFFENDER – where defendant sentenced for State sex offences – where, whilst on parole for State sex offences, defendant also sentenced for Commonwealth offence of using a carriage service to access child pornography – where defendant sentenced for Commonwealth offence to a term of imprisonment of 2 years and 3 months – where sentencing judge ordered defendant to be released at the expiration of 15 months of sentence to be placed upon a recognizance release order for 18 months – where plaintiff seeks an order pursuant to s 7(4) of the Crimes (High Risk Offenders) Act – whether the period of 9 months referred to in s 6(1) of the Crimes (High Risk Offenders) Act is measured by reference to the expiration of the head sentence or the expiration of the recognizance release order – defendant remains a supervised offender only during the currency of head sentence. Legislation Cited: Child Protection (Offenders Registration) Act 2000 NSW, s 17 Commonwealth Criminal Code, s 474.19(1) Crimes Act 1914 Cth, ss 16F, 20 Crimes (Sentencing Procedure) Act 1999 NSW, s 9 Crimes (High Risk Offenders) Act 2006 NSW, ss 5, 5I, 6, 7 Cases Cited: Botany Municipal Council v Jackson (1985) 2 NSWLR 1 Fowler v Matias (2006) 204 FLR 115; [2006] ACTSC 106 Griffiths v The Queen (1977) 137 CLR 293; [1977] HCA 44 Johnsson v The Queen [2007] NSWCCA 192 Kennedy v Spratt [1972] AC 83 R v Carngham (1978) 140 CLR 487; [1978] HCA 48 R v Novakovic (2007) 17 VR 21 R v Smith [2004] QCA 417 R v Warfield (1995) 34 NSWLR 200 State of New South Wales v TT (Preliminary) [2017] NSWSC 1797 Winsor v Boaden (1953) 90 CLR 345; [1953] HCA 46 Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) NW (Defendant) Representation: Counsel: D New (Plaintiff) S Goodwin (Defendant)