State of New South Wales v King (Final) [2019] NSWSC 151

State of New South Wales v King (Final) [2019] NSWSC 151

The defendant satisfied the statutory requirements for an extended supervision order: he had been convicted and sentenced to imprisonment for a serious violence offence, was under supervision while serving that sentence when the summons was filed, and the application was made in accordance with s 5I. The Court was...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
25 February 2019
Procedural Posture
Civil Application Pursuant to the Crimes (high Risk Offenders) Act 2006 (nsw) for an Extended Supervision Order / Final Judgment Confirming Orders Entered on 14 December 2018
Outcome
Extended supervision order made for 2 years and final orders confirmed.
Legal Topics
['extended Supervision Order' 'serious Violence Offence' 'unacceptable Risk' 'supervised Offender' 'conditions of Supervision' 'domestic Violence' 'alcohol Related Violent Offending']
['civil Procedure' 'criminal Law' 'high Risk Offenders' 'sentencing and Supervision'] ['extended Supervision Order' 'serious Violence Offence' 'unacceptable Risk' 'supervised Offender' 'conditions of Supervision' 'domestic Violence' 'alcohol Related Violent Offending']

Source-derived case record

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Procedural Posture

Civil Application Pursuant to the Crimes (high Risk Offenders) Act 2006 (nsw) for an Extended Supervision Order / Final Judgment Confirming Orders Entered on 14 December 2018

Legal Issues

  1. 1 ['Whether the defendant was an offender who was serving or had served a sentence of imprisonment for a serious offence for the purposes of s 5B(a) of the Crimes (High Risk Offenders) Act 2006 (NSW).' 'Whether the defendant was a supervised offender within the meaning of s 5I for the purposes of s 5B(b).' 'Whether the application was made in accordance with s 5I for the purposes of s 5B(c).' 'Whether the Court was satisfied to a high degree of probability that the defendant posed an unacceptable risk of committing another serious offence if not kept under supervision under an extended supervision order.' 'Whether the Court should exercise its discretion to make an extended supervision order.' 'What duration and conditions should be imposed if an extended supervision order was made.']

Ratio Decidendi

The defendant satisfied the statutory requirements for an extended supervision order: he had been convicted and sentenced to imprisonment for a serious violence offence, was under supervision while serving that sentence when the summons was filed, and the application was made in accordance with s 5I. The Court was satisfied to a high degree of probability that, without supervision, he posed an unacceptable risk of committing another serious offence, given his entrenched history of alcohol-related violent offending, particularly against vulnerable female partners, poor compliance with parole and supervision, limited insight, antisocial personality disorder, problematic rehabilitation...

Court Disposition

Extended supervision order made for 2 years and final orders confirmed.

Orders

  • ['Pursuant to s 5B and s 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW), the defendant shall be subject to an extended supervision order for a period of 2 years from 14 December 2018.' 'Pursuant to s 11 of the Act, the defendant is directed to comply, for the duration of the extended supervision order,...