State of New South Wales v Carney (Final) [2019] NSWSC 1124

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Carney (Final) [2019] NSWSC 1124 Hearing dates: 30 August 2019 Date of orders: 12 September 2019 Decision date: 12 September 2019 Jurisdiction: Common Law Before: Bellew J Decision: The proceedings are dismissed. Catchwords: HIGH RISK OFFENDER – Where defendant had history of violent offending – Where Extended Supervision Order was sought for a period of 3 years – Where the defendant had been at large in the community for a significant period – Where the defendant had a significant support network available to him including both lay and professional assistance – Where the defendant was also subject to a Community Treatment Order – Whether the Court could be satisfied to a high degree of probability that there was an unacceptable risk of the defendant committing another serious offence if not kept under supervision pursuant to an ESO – Where both parties accepted that there was a risk – Where the Court could not be satisfied that the risk was an unacceptable one – Proceedings dismissed Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Mental Health Act 2007 (NSW) Cases Cited: Attorney General for the State of New South Wales v Tillman [2007] NSWSC 605 Carney v R; Cambey v R [2011] NSWCCA 223 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWSC 57 R v Carney; R v Cambey [2012] NSWSC 1344 State of New South Wales v Carney [2019] NSWSC 622 State of New South Wales v Hill [2016] NSWSC 913 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 Category: Principal judgment Parties: State of New South Wales – Plaintiff Todd William Carney – Defendant Representation: Counsel: J Single – Plaintiff K Stares – Defendant