Citation: [2015] NSWSC 1679
Court: Supreme Court of New South Wales
Date: 11 November 2015
Judge(s): Adams J
Background
This matter arose under the Crimes (High Risk Offenders) Act 2006 (NSW), which allows the State to apply for supervision orders in respect of offenders assessed as presenting a high risk of reoffending. On 15 October 2015, Hamill J had made an interim supervision order against the defendant, pending the final hearing of the State's application under that Act.
The matter returned before Adams J on 11 November 2015 in accordance with the timetable prescribed by the Act. The State sought a continuation of the interim supervision order, and the defendant consented to the renewal.
Legal Issues
- Whether the interim supervision order made on 15 October 2015 should be renewed under s 10C(2) of the Crimes (High Risk Offenders) Act 2006 (NSW), pending the final hearing of the proceedings.
Decision
Issue: Renewal of interim supervision order
Adams J noted that no adverse report had been made in respect of the defendant's conduct since the original interim supervision order was made (at [2]). The proposed orders were by consent, with the State seeking only a continuation of the existing arrangements (at [2]).
In those circumstances, the Court renewed the interim supervision order under s 10C(2) of the Act, with the defendant required to comply with the same conditions that had been imposed by Hamill J on 15 October 2015 (at [3]). The renewed order was to take effect from 6.00pm on 13 November 2015 and expire at 6.00pm on 10 December 2015.
Orders Made
- The interim supervision order made on 15 October 2015 was renewed pursuant to s 10C(2) of the Crimes (High Risk Offenders) Act 2006, taking effect from 6.00pm on 13 November 2015 and expiring at 6.00pm on 10 December 2015.
- Pursuant to s 11 of the Act, the defendant was required to comply with the conditions in the Schedule to the Orders made by Hamill J on 15 October 2015 for the period of the renewed interim supervision order.
- The matter was listed for further mention before the Common Law duty judge on 8 December 2015 for the purpose of the State's application to extend the interim supervision order.
- The matter was listed for final hearing on 14 and 15 December 2015.
- Liberty to apply on 24 hours' notice.
Key Takeaways
- Under s 10C(2) of the Crimes (High Risk Offenders) Act 2006 (NSW), the Supreme Court may renew an interim supervision order where the statutory timetable requires the matter to return before the court prior to the final hearing.
- The absence of any adverse conduct report and the consent of the defendant were factors that supported a straightforward renewal of the existing order on the same conditions (at [2]).
- Interim supervision orders made under the Act carry conditions specified in a schedule, and those same conditions can be continued into a renewed order by reference to the original schedule, without the need to restate them in full (at [3]).
- Renewal proceedings of this kind are procedural steps in a larger statutory process, with the final hearing of the State's application remaining the substantive event at which the merits are determined.
Legislation and Cases Referenced
Legislation
- Crimes (High Risk Offenders) Act 2006 (NSW), ss 10C(2), 11
Cases
- State of New South Wales v Anderson [2015] NSWSC 1515