State of New South Wales v Sturgeon (No.2) [2019] NSWSC 883

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Sturgeon (No.2) [2019] NSWSC 883 Hearing dates: 17 and 18 June 2019 Date of orders: 12 July 2019 Decision date: 12 July 2019 Jurisdiction: Common Law Before: Garling J Decision: (1) Order pursuant to s 5B and s 9(1)(a) of the Crimes (High Risk Offenders) Act 2006, that the defendant be subject to an Extended Supervision Order for a period of three years from the date of the order; and. (2) Order pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006, that the defendant, for the period of the Extended Supervision Order comply with the conditions set out in Annexure A to this judgment. Catchwords: HIGH RISK OFFENDER – Final hearing – whether the defendant should be subject to an Extended Supervision Order or Continuing Detention Order - where the defendant concedes that he poses an unacceptable risk of committing another serious offence if not kept under the supervision of an Extended Supervision Order – where the court has the power to make a Continuing Detention Order - the test for considering whether the court is satisfied to a high degree of probability that the defendant poses an unacceptable risk of committing a serious offence in the future if not kept in detention under a Continuing Detention Order – comparative test no longer requires consideration of an Extended Supervision Order – current test requires comparison between risk of defendant in community against risk of defendant in detention – the plaintiff's evidentiary obligation and duty to assist the court in s56 of the Civil Procedure Act – legal tests for imposing conditions of an Extended Supervision Order or Continuing Detention Order – where the plaintiff has submitted standard or common conditions Legislation Cited: Child Protection (Offenders Registration) Act 2000 Children (Criminal Proceedings) Act 1987 Civil Procedure Act 2005 Crimes (High Risk Offenders) Act 2006 Crimes (High Risk Offenders) Amendment Act 2017 Crimes Act 1900 Mental Health (Forensic Provisions) Act 1990 Mental Health Act 2007 Cases Cited: Attorney-General for NSW v Tillman [2007] NSWCA 119 State of New South Wales v Sturgeon [2019] NSWSC 559 State of NSW v Ali [2010] NSWSC 1045 State of NSW v BG (Final) [2019] NSWSC 200 State of NSW v Bugmy [2017] NSWSC 855 State of NSW v Burns [2014] NSWSC 1014 State of NSW v Fisk [2013] NSWSC 364 State of NSW v Green (Final) [2013] NSWSC 1003 State of NSW v Schmidt [2019] NSWSC 764 Wilde v State of NSW [2015] NSWCA 28 Texts Cited: Second Reading Speech, New South Wales Legislative Assembly, 11 October 2017 Category: Principal judgment Parties: State of New South Wales (P) Mark Douglas Sturgeon (D) Representation: Counsel: D New (State) R Wilson (D)