State of New South Wales v Wainwright (Final) [2020] NSWSC 104

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Wainwright (Final) [2020] NSWSC 104 Hearing dates: 17 February 2020 Date of orders: 20 February 2020 Decision date: 20 February 2020 Jurisdiction: Common Law Before: N Adams J Decision: (1) The Further Amended Summons is dismissed. (2) The Interim Supervision Order due to expire on 22 February 2020 is revoked. (3) The plaintiff is to pay the defendant's costs of these proceedings. Catchwords: HIGH RISK OFFENDER – application for extended supervision order – defendant sentenced for grievous bodily harm with intent to cause grievous bodily harm – risk of committing a serious violence offence – reports from two court-appointed psychiatrists – various statistical measures of risk – HRC 20 (version 3) measurements of dynamic and static risk – defendant's employment history – willingness to engage with psychological treatment – defendant's living arrangements and interpersonal relationships Legislation Cited: Crimes Act 1900 (NSW), s 33(1)(b), s 35(1) Crimes (High Risk Offenders) Act 2006 (NSW), s 3, s 4(1), s 5B, s 5I, s 9 Summary Offences Act 1988 (NSW), 11B(1) Cases Cited: Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 R v Wainwright [2014] NSWDC 368 State of New South Wales v Holschier (No 3) [2019] NSWSC 341, State of New South Wales v Pacey (Final) [2015] NSWSC 1983 State of New South Wales v Wainwright (Preliminary) [2019] NSWSC 1603 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 Texts Cited: Diagnostic and Statistical Manual of Mental Health Disorders (5th ed, 2013, American Psychiatric Association) Category: Principal judgment Parties: State of New South Wales (Plaintiff) Trent Wainwright (Defendant) Representation: Counsel: J S Emmett (Plaintiff) S A Beckett (Defendant)