State of New South Wales v Bowen (Final) [2019] NSWSC 1003

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Bowen (Final) [2019] NSWSC 1003 Hearing dates: 7 August 2019 Date of orders: 09 August 2019 Decision date: 09 August 2019 Jurisdiction: Common Law Before: R A Hulme J Decision: Extended supervision order for 3 years with conditions Catchwords: HIGH RISK OFFENDER – application for extended supervision order – final hearing – history of serious violence offences – statutory preconditions established – whether satisfied to a high degree of probability that the offender poses an unacceptable risk of committing another serious violence offence if not kept under supervision – consideration of progress in rehabilitation, psychological diagnoses, and conduct under past and present supervision – defendant's negative attitude to extended supervision order not relevant to Court's discretion – experts in agreement as to assessment of risk posed by defendant – order made subject to conditions Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), 5B, 5B(d), 9(1)(a), 9(2), 11 Evidence Act 1995 (NSW), s 126E(b) Terrorism (High Risk Offenders) Act 2017 (NSW), s 20 Cases Cited: State of New South Wales v Bowen (Preliminary) [2019] NSWSC 570 State of New South Wales v Naaman (No 2) [2018] NSWCA 328 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Stephen Michael Bowen (Defendant) Representation: Counsel: Ms D New (Plaintiff) Ms F Graham (Defendant)

Solicitors: NSW Crown Solicitor's Office (Plaintiff) Legal Aid NSW (Defendant) File Number(s): 2019/30894