Monteiro v State NSW [2024] NSWSC 1667

Monteiro v State NSW [2024] NSWSC 1667

Circumstances have changed since the ESO was imposed; specifically, the plaintiff has demonstrated pro-social conduct and maturing since the original order, justifying the removal or modification of some conditions. Some conditions (electronic monitoring, overnight stay permissions, employment notification) are no longer necessary, while others (reporting intimate relationships) require narrowing. The remaining core conditions appropriately balance the applicant’s liberty with the need to protect the community, consistent with the statutory framework and guiding principles.

Parties
Plaintiff/applicant: Simon Monteiro; Defendant/respondent: State of New South Wales
Jurisdiction
Australia
Judgment Date
20 December 2024
Procedural Posture
Interlocutory Application (civil) / Interlocutory; Orders Pending Final Hearing
Outcome
Some conditions of the Extended Supervision Order are revoked or varied; applicant’s Notice of Motion is granted in part; amended conditions set out in Annexure A are to govern the ESO from the date of order.
Legal Topics
High Risk Offenders, Extended Supervision Order, Variation/revocation of Supervised Release Conditions, Protective Orders, Sentencing and Risk Management
Criminal Law Civil Procedure High Risk Offenders Extended Supervision Order Variation/revocation of Supervised Release Conditions Protective Orders Sentencing and Risk Management

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Parties

Simon Monteiro

Plaintiff/applicant

State of New South Wales

Defendant/respondent

Procedural Posture

Interlocutory Application (civil) / Interlocutory; Orders Pending Final Hearing

Legal Issues

  1. 1 Whether circumstances justify the revocation or variation of conditions of an Extended Supervision Order (ESO) imposed pursuant to the Crimes (High Risk Offenders) Act 2006
  2. 2 Whether existing ESO conditions are necessary and appropriate in light of changed circumstances

Ratio Decidendi

Circumstances have changed since the ESO was imposed; specifically, the plaintiff has demonstrated pro-social conduct and maturing since the original order, justifying the removal or modification of some conditions. Some conditions (electronic monitoring, overnight stay permissions, employment notification) are no longer necessary, while others (reporting intimate relationships) require narrowing. The remaining core conditions appropriately balance the applicant’s liberty with the need to protect the community, consistent with the statutory framework and guiding principles.

Court Disposition

Some conditions of the Extended Supervision Order are revoked or varied; applicant’s Notice of Motion is granted in part; amended conditions set out in Annexure A are to govern the ESO from the date of order.

Orders

  • Direct that Mr Simon Monteiro comply with the conditions set out in Annexure A to this judgment in respect of the Extended Supervision Order, made pursuant to the Crimes (High Risk Offenders) Act 2006 by Fagan J on 6 July 2020.
  • Condition 4 (electronic monitoring) revoked; Condition 8 (restriction on overnight stays) revoked; Condition 13 (employment notification) revoked; Condition 15 (intimate relationship reporting) amended; Conditions 16-23 (internet and communications) varied as detailed; application to change Condition 24 (name...