Lynn v State of New South Wales

The applicant, Lynn, sought leave to appeal against a decision of the Supreme Court of New South Wales concerning an extended supervision order made under the *Crimes (High Risk Offenders) Act 2006* (NSW). The State of New South Wales was the respondent. The central dispute revolved around the interpretation of the phrase "unacceptable risk" as used in section 5E(2) of the Act.

The court was required to determine whether the trial judge had erred in their construction of "unacceptable risk" and, in particular, whether the offender's individual liberty was a relevant consideration in assessing such a risk. Additionally, the court considered whether an extension of time should be granted for the applicant to serve the summons for leave to appeal, pursuant to rule 1.12 of the *Uniform Civil Procedure Rules 2005* (NSW), given that the applicant's liberty was at stake.

In its reasoning, the court had regard to the statutory statement of objects within the *Crimes (High Risk Offenders) Act 2006* as an aid to construction. The court ultimately found that the trial judge's construction of "unacceptable risk" was correct and that the offender's individual liberty was indeed a relevant factor in the assessment. The court granted the extension of time for filing the summons for leave to appeal, granted leave to appeal, but then dismissed the appeal.