State of NSW v Tiggelen (Final) [2020] NSWSC 578

Supreme Court New South Wales

Medium Neutral Citation: State of NSW v Tiggelen (Final) [2020] NSWSC 578 Hearing dates: 12 May 2020 Decision date: 20 May 2020 Jurisdiction: Common Law Before: Hoeben CJ at CL Decision: (1) Pursuant to ss 5B and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006, the defendant Gerardus Tiggelen is subject to an Extended Supervision Order for a period of 3 years from the date of these orders. (2) Pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 direct the defendant for the period of the ESO to comply with the conditions set out in Annexure "A" to this judgment. (3) That any reports prepared for the purpose of Order (1) to be provided to Corrective Services NSW, any agency involved in the defendant's supervision and the defendant's treating clinicians or health care practitioners. (4) 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 the Court and if any application for access 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 – final hearing – application for an Extended Supervision Order – defendant has multiple convictions for sexual offending – extensive criminal history generally – where defendant does not oppose making of an Extended Supervision Order – necessity for Court to be satisfied that Extended Supervision Order should be made – community safety paramount – dispute as to form of conditions to be imposed – Extended Supervision Order made and conditions imposed. Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW) – ss 3, 9, 11, 17 Crimes Act 1900 (NSW) – s 61J Crimes (High Risk Offenders) Act 2006 (NSW) – 3, 5B, 7, 9, 10, 11 Cases Cited: Attorney General for the State of New South Wales v Steadman [2016] NSWSC 174 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Lynn v State of NSW [2016] 91 NSWLR 636; [2016] NSWCA 57 State of New South Wales v Ley Thomas Baker (No 2) [2015] NSWSC 483 State of New South Wales v Fisk [2013] NSWSC 364 State of New South Wales v French (Final) [2017] NSWSC 1475 State of New South Wales v Kamm (Final) [2016] NSWSC 1 State of New South Wales v King (Final) [2019] NSWSC 151 State of New South Wales v Pacey (Final) [2015] NSWSC 1983 State of State of New South Wales v Sleeman (Preliminary) [2018] NSWSC 562 Turner v State of NSW [2019] NSWCA 164 Wilde v State of New South Wales (2015) 249 A Crim R 65; [2015] NSWCA 28 Category: Principal judgment Parties: State of NSW – Plaintiff Gerardus Tiggelen – Defendant Representation: Counsel: D New – Plaintiff S Hall – Defendant