State of New South Wales v RP (Preliminary) [2019] NSWSC 937

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v RP (Preliminary) [2019] NSWSC 937 Hearing dates: 22 July 2019 Decision date: 24 July 2019 Jurisdiction: Common Law Before: R A Hulme J Decision: The application for interim orders set out in Prayers 1 and 2 of the Summons is dismissed. Catchwords: HIGH RISK OFFENDER – serious sex offender – Crimes (High Risk Offenders) Act 2006 (NSW) – preliminary hearing – interim supervision order sought – whether matters, if proved, would satisfy Court to high degree of probability that defendant poses unacceptable risk of committing another serious offence – most offences committed when defendant was a child – last offence committed almost seven years ago – history of compliance with supervision requirements – well-validated utility of risk of recidivism instruments – acknowledgement of limitations of instruments in assessment of actual risk – proposed orders not justified Legislation Cited: Child Protection (Offenders Prohibition Orders) Act 2004 (NSW0, s 5(1) Child Protection (Offenders Registration) Act 2000 (NSW) Children (Criminal Proceedings) Act 1987 (NSW), s 15A Crimes Act 1900 (NSW), ss 61J, 61M(1), 66A, 66C(1), 66C(3), 66D Crimes (High Risk Offenders) Act 2006 (NSW), ss 3(1), 5(1), 5B(d), 7(4), 10A(b) Cases Cited: Regina v RP [2018] NSWDC 125 RP v R (2015) 90 NSWLR 234; [2015] NSWCCA 215 RP v The Queen (2016) 259 CLR 641; [2016] HCA 53 State of New South Wales v Carter (Preliminary) [2019] NSWSC 236 State of New South Wales v TT (Final) [2018] NSWSC 358 State of New South Wales v XXX (Preliminary) [2019] NSWSC 75 Category: Principal judgment Parties: State of New South Wales (Plaintiff) RP (Defendant) Representation: Counsel: Mr H El-Hage (Plaintiff) Mr H White (Defendant)