State of NSW v Biber [2020] NSWSC 1656

State of NSW v Biber [2020] NSWSC 1656

Statutory preconditions for an Interim Supervision Order under Crimes (High Risk Offenders) Act 2006 (NSW) were met; the defendant posed an unacceptable risk if not supervised and specific conditions were adjusted to balance risk management against unnecessary interference; most conditions were confirmed or modified per evidence and submissions.

Parties
Plaintiff: State of NSW; Defendant: Andrew Biber
Jurisdiction
Australia
Judgment Date
20 November 2020
Procedural Posture
Interim Supervision Order Application / Preliminary Hearing
Outcome
Parties to bring in Short Minutes of Order reflecting the conclusions in the judgment.
Legal Topics
High Risk Offender Supervision, Conditions of Supervision Orders

Case Brief

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Parties

State of NSW

Plaintiff

Andrew Biber

Defendant

Procedural Posture

Interim Supervision Order Application / Preliminary Hearing

  1. 1 Whether statutory preconditions for interim supervision order are met
  2. 2 Appropriate conditions for Interim Supervision Order

Ratio Decidendi

Statutory preconditions for an Interim Supervision Order under Crimes (High Risk Offenders) Act 2006 (NSW) were met; the defendant posed an unacceptable risk if not supervised and specific conditions were adjusted to balance risk management against unnecessary interference; most conditions were confirmed or modified per evidence and submissions.

Court Disposition

Parties to bring in Short Minutes of Order reflecting the conclusions in the judgment.

Orders

  • Conditions of Interim Supervision Order to be modified as per reasons given.
  • Final hearing scheduled for 3 February 2021.