State of New South Wales v Barrie (Second Final) [2019] NSWSC 1161

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Barrie (Second Final) [2019] NSWSC 1161 Hearing dates: 21 August 2019 Date of orders: 06 September 2019 Decision date: 06 September 2019 Jurisdiction: Common Law Before: Fagan J Decision: 1. Application for continuing detention order refused. 2. Order for extended supervision, upon conditions, for five years. Catchwords: HIGH RISK OFFENDER – final hearing – application for continuing detention order or alternatively an extended supervision order under Crimes (High Risk Offenders) Act 2006 (NSW) – whether defendant posed an unacceptable risk of committing another serious offence if not detained under continuing detention order – meaning of "unacceptable risk" – where risk of some sexual offence if not detained is high – where no record of any violence for 30 years – where level of risk significantly reduced by extended supervision order for 5 years – application for continuing detention order refused – order for conditional extended supervision order granted Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW) Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: Lynn v State of New South Wales [2016] NSWCA 57 State of New South Wales v Barrie (preliminary) [2017] NSWSC 602 State of New South Wales v Barrie (Final) [2018] NSWSC 1005 State of New South Wales v Barrie (Preliminary) [2019] NSWSC 856 State of NSW v Lynn [2015] NSWSC 665 State of New South Wales v Pacey (Final) [2015] NSWSC 1983 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 Anthony James Barrie Representation: Counsel: K Curry - plaintiff E Kerkyasharian - defendant