State of New South Wales v Rush (Final) [2019] NSWSC 582

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Rush (Final) [2019] NSWSC 582 Hearing dates: 10 May 2019 Date of orders: 17 May 2019 Decision date: 17 May 2019 Jurisdiction: Common Law Before: Lonergan J Decision: 1) Pursuant to the provisions of s 5B and s 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW), the defendant be subject to an extended supervision order for a period of 3 years from the date of this order;

2) Pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW) the defendant shall comply, for the period of the extended supervision order issued in these orders, with the conditions set out in the schedule to this order. Catchwords: HIGH RISK OFFENDER – sex offender – final hearing – criminal history involves sexual offences of opportunistic nature with young persons and children unknown to the defendant – fluctuating compliance – revocation of parole following breach of parole conditions in December 2018 after 20 months of compliance – whether two or three year ESO appropriate – whether electronic monitoring should have time limit Legislation Cited: Civil Procedure Act 2005 (NSW) s 56 Crimes (High Risk Offenders) Act 2006 (NSW) ss 5, 5B, 5D, 9, 11 Cases Cited: State of New South Wales v Brookes (Final) [2017] NSWSC 215 State of New South Wales v Garry Allan Conway [2011] NSWSC 925 State of New South Wales v Grooms (Final) [2019] NSWSC 353 State of New South Wales v Rush (Preliminary) [2018] NSWSC 1949 State of New South Wales v Rush (No 2) [2019] NSWSC 417 Category: Principal judgment Parties: State of New South Wales (Plaintiff Shayne Charles Rush (Defendant) Representation: Counsel: P Aitken (Plaintiff) A Cook (Defendant)