Manna v State of New South Wales (No 2)

In Manna v State of New South Wales (No 2), the applicant, Manna, sought the revocation and variation of an extended supervision order made by the State of New South Wales under the High Risk Violent Offenders Act 2007 (NSW). The court was required to determine whether the applicant's behaviour and circumstances had changed sufficiently to warrant a revocation or variation of the order. The case was heard by the Supreme Court of New South Wales.

The primary legal issues before the court were whether the applicant's behaviour and circumstances had changed to such an extent that the extended supervision order was no longer necessary and, if so, what form any variation should take. The court had to consider the statutory criteria for the making of an extended supervision order and whether the applicant's current situation met those criteria. Additionally, the court had to decide whether the application should succeed in whole or in part, and what costs, if any, should be awarded to the parties.

The court found that while the applicant's behaviour had improved since the order was made, it had not changed to the extent that the order should be revoked. However, the court did find that the conditions of the order should be varied to reflect the applicant's improved circumstances. The court held that the order should be varied to reduce the frequency of reporting requirements and to allow the applicant more flexibility in his movements. The court also found that the applicant's application for costs was only partially successful and ordered that the costs of the proceedings be shared equally between the parties.

The court made orders varying the extended supervision order as described above and ordered that the costs of the proceedings be shared equally between the parties.