State of NSW v Guider (No 2) [2019] NSWSC 1145

Supreme Court New South Wales

Medium Neutral Citation: State of NSW v Guider (No 2) [2019] NSWSC 1145 Hearing dates: 20 August 2019 Decision date: 03 September 2019 Jurisdiction: Common Law Before: Button J Decision: (1) An order pursuant to ss 5B and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW) (the Act) that the Defendant, Michael Guider, be subject to an extended supervision order from 5 September 2019 for a period of five years; and

(2) An order pursuant to s 11 of the Act directing the Defendant to comply with the conditions set out in the Schedule to this judgment during the duration of the final order referred to in order 1 above. Catchwords: HIGH RISK OFFENDER – repeat child sex offender also convicted of manslaughter – primary application for one year continuing detention order (CDO), followed by five year extended supervision order (ESO) – alternative application for five year ESO – implicit concession of plaintiff within orders sought – concomitant concern of futility of CDO except with regard to incapacitation – consideration of past offending – consideration of rigour of conditions – consideration of unanimous expert evidence that the defendant can be managed in the community – discussion of adverse aspects of the matter – defendant's approach to anti-libidinal medication – consideration of paramountcy of safety of community and unacceptable risk test – alternative order of five year ESO made Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: State of NSW v Guider [2019] NSWSC 646 Category: Principal judgment Parties: State of NSW (Plaintiff) Michael Guider (Defendant) Representation: Counsel: D Kell SC & J Davidson (Plaintiff) M Johnston SC & G Lewer (Defendant)