State of New South Wales v Feeney (Final) [2019] NSWSC 1551

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Feeney (Final) [2019] NSWSC 1551 Hearing dates: 4 November 2019 Date of orders: 08 November 2019 Decision date: 08 November 2019 Jurisdiction: Common Law Before: Johnson J Decision: 1. Pursuant to s.9(1)(a) Crimes (High Risk Offenders) Act 2006, an order is made that the Defendant be subject to an extended supervision order for a period of five years from today, subject to Conditions 1-47 in accordance with the schedule to this judgment; 2. Pursuant to s.11 Crimes (High Risk Offenders) Act 2006, the Defendant is directed, for the period of the extended supervision order, to comply with the conditions set out in the schedule to this judgment; 3. I continue the order made by Campbell J on 24 September 2019 that access to the Court file in respect of any document shall not be granted to a non-party without the leave of a Judge of this Court and, if any application is made by a non-party in respect of any document, the parties are to be notified by the Registrar so as to allow them an opportunity to be heard in relation to the application for access. Catchwords: HIGH RISK OFFENDER – where Defendant does not oppose making of ESO – question as to duration of ESO – question as to conditions attaching to ESO – Defendant has previous convictions for five serious sex offences – offender intoxicated by alcohol or use of methamphetamine at time of offending – aggravated sexual assault index offence – consideration of factors under s.9(3) Crimes (High Risk Offenders) Act 2006 – expert assessments of risk provide cogent foundation for the making of an ESO –ESO made for period of five years subject to conditions as sought by Plaintiff Legislation Cited: Cornwall v Attorney General for NSW [2007] NSWCA 374 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 State of New South Wales v Ali [2010] NSWSC 1045 State of New South Wales v Donovan (2015) 90 NSWLR 389; [2015] NSWCA 280 State of New South Wales v Feeney (Preliminary) [2019] NSWSC 1252 State of New South Wales v Grooms (Final) [2019] NSWSC 353 State of New South Wales v KAS (Preliminary) [2019] NSWSC 924 State of New South Wales v Matthews aka Hackett (Preliminary) [2019] NSWSC 770 State of New South Wales v Sturgeon (No. 2) [2019] NSWSC 883 State of New South Wales v Tillman [2008] NSWSC 1293 Wilde v State of New South Wales (2015) 249 A Crim R 65; [2015] NSWCA 28 Cases Cited: Crimes Act 1900 Crimes (High Risk Offenders) Act 2006 Texts Cited: --- Category: Principal judgment Parties: State of New South Wales (Plaintiff) Steven Feeney (Defendant) Representation: Counsel: Ms D New (Plaintiff) Mr TD Anderson (Defendant)