State of New South Wales v DB (Final) [2019] NSWSC 1097

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v DB (Final) [2019] NSWSC 1097 Hearing dates: 6 August 2019 Decision date: 27 August 2019 Jurisdiction: Common Law Before: Ierace J Decision: (1) Pursuant to ss 5B and 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 three years.

(2) Pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW), for the period of the extended supervision order, the defendant is directed to comply with the conditions set out in the Schedule to these orders. Catchwords: HIGH RISK OFFENDERS – Application for extended supervision order – final hearing – history of serious sexual offending involving children – breaches of ISO and Child Protection Prohibition Order – 3 year extended supervision order imposed with conditions Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), ss 5B, 5D, 9, 11 Cases Cited: State of New South Wales v DB (Preliminary) [2019] NSWSC 75 State of NSW v Grooms (Final) [2019] NSWSC 353 Category: Principal judgment Parties: State of New South Wales (Plaintiff) DB (Defendant) Representation: Counsel: A Mykkeltvedt (Plaintiff) S Hall (Defendant)

Solicitors: Office of the Crown Solicitor for NSW (Plaintiff) Legal Aid NSW (Defendant) File Number(s): 2018/355500 Publication restriction: Order made 28 May 2019: (1) In accordance with ss 7 and 8(1)(e) of the Court Suppression and Non-publication Orders Act 2010 (NSW), the publication of the name of the defendant, along with the publication of any information that will identify him, is suppressed, so as to facilitate the operation of s 15A(1)(a) of the Children (Criminal Proceedings) Act 1987 (NSW). This order will apply throughout the Commonwealth of Australia. (2) Nothing in these orders prevents the defendant or his legal representatives from identifying him as the defendant in these proceedings should it become necessary to do so in proceedings before another court.