State of New South Wales v Carney [2019] NSWSC 622

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Carney [2019] NSWSC 622 Hearing dates: 28 May 2019 Date of orders: 28 May 2019 Decision date: 28 May 2019 Jurisdiction: Common Law Before: Garling J Decision: See [43] and attached Schedule Catchwords: HIGH RISK OFFENDER – serious violent offender - extended supervision order - preliminary hearing – agreed between the parties that the court should make an interim supervision order – debate about nature of the conditions in the interim supervision order Legislation Cited: Crimes (High Risk Offenders) Act 2006 Law Enforcement (Powers and Responsibilities) Act 2002 Cases Cited: State of New South Wales v Sturgeon [2019] NSWSC 559 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: State of New South Wales (P) Todd William Carney (D) Representation: Counsel: J Single (Crown) P Coady (D)

Solicitors: Crown Solicitor's Office Legal Aid NSW (D) File Number(s): 2019/46110 Publication restriction: Not Applicable

EX TEMPORE Judgment 1. On 11 February 2019, the State of New South Wales brought proceedings pursuant to the Crimes (High Risk Offenders) Act 2006 ("the HRO Act") against Todd William Carney, the defendant, seeking an extended supervision order ("ESO"). 2. In accordance with the legislation, the court is obliged to conduct a preliminary hearing into the application within a 28 day period after the filing of the summons. Further time can be allowed if required. This judgment relates to the preliminary hearing conducted by the Court.