State of New South Wales v Anderson (No 3)

Case [2015] NSWSC 1871

Supreme Court


New South Wales

Medium Neutral Citation: State of New South Wales v Anderson (No 3) [2015] NSWSC 1871
Hearing dates:8 December 2015
Date of orders: 08 December 2015
Decision date: 08 December 2015
Jurisdiction:Common Law
Before: Schmidt J
Decision:

1. Pursuant to s.10C(2) of the Crimes (High Risk Offenders) Act 2006 ("the Act") the interim supervision order made on 15 October 2015, and renewed by order made on 11 November 2015, be further renewed to take effect from 6.00pm on 10 December 2015 and to expire at 6.00pm on 6 January 2016,
2. Pursuant to s.11 of the Act, for the period of interim supervision order as renewed, the defendant is to comply with the conditions in the Schedule to the Orders made by his Honour Justice Hamill on 15 October 2015.
3.   Note that the matter is listed for final hearing on 14 and 15 December 2015.
4.   Liberty to apply on 24 hours' notice.

Catchwords: HIGH RISK OFFENDER – application for extension of interim supervision order – consent orders made in terms agreed
Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW)
Cases Cited: State of New South Wales v Anderson [2015] NSWSC 1515
State of New South Wales v Anderson (No 2) [2015] NSWSC 1679
Category:Procedural and other rulings
Parties: State of New South Wales (Plaintiff)
Ronald Anderson (Defendant)
Representation:

Counsel:
DT Kell (Plaintiff)

  Solicitors:
Crown Solicitors of New South Wales (Plaintiff)
Legal Aid NSW (Defendant)
File Number(s):2015/291356
Publication restriction:None

Ex tempore Judgment

  1. On 15 October 2015, Hamill J made orders under the Crimes (High Risk Offenders) Act 2006 (NSW) subjecting the defendant to an interim supervision order, pending final hearing of these proceedings (see State of New South Wales v Anderson [2015] NSWSC 1515).

  2. On 11 November, further orders were made by Adams J continuing the interim supervision orders. Those orders are due to expire at 6pm on 10 December (see State of New South Wales v Anderson(No 2) [2015] NSWSC 1679).

  3. Today the parties appear asking the Court to make further orders by consent, again continuing the interim orders pending the final hearing, which has been fixed for 14 and 15 December 2015.

  4. In the circumstances now before the Court, I am satisfied that the Court's discretion should be exercised to give effect to the agreement which the parties have reached, so that the pending hearing can proceed in an orderly way. Accordingly, I make the orders agreed in terms which I will now mark MFI 1:

“1. Pursuant to s.10C(2) of the Crimes (High Risk Offenders) Act 2006 ("the Act") the interim supervision order made on 15 October 2015, and renewed by order made on 11 November 2015, be further renewed to take effect from 6.00pm on 10 December 2015 and to expire at 6.00pm on 6 January 2016,

2. Pursuant to s.11 of the Act, for the period of interim supervision order as renewed, the defendant is to comply with the conditions in the Schedule to the Orders made by his Honour Justice Hamill on 15 October 2015.

3.   Note that the matter is listed for final hearing on 14 and 15 December 2015.

4.   Liberty to apply on 24 hours' notice.”

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Details
AGLC
State of New South Wales v Anderson (No 3) [2015] NSWSC 1871
Case
[2015] NSWSC 1871
Decision Date

CaseChat Overview and Summary

The case involved the State of New South Wales and an individual named Anderson. The dispute centred around an application by the State to extend an interim supervision order that had been placed on Anderson, who was deemed a high-risk offender. The case was heard in the Supreme Court of New South Wales. The court was required to determine whether the conditions set out in the interim supervision order should be extended, considering the ongoing risk posed by Anderson to the public.

The legal issues before the court included the interpretation of relevant statutory provisions and the assessment of the risk that Anderson continued to pose. The court had to balance the need for public safety against Anderson's right to liberty. It also had to consider the evidence presented regarding Anderson's history, behaviour, and potential for reoffending. The court was tasked with making a decision based on the facts and legal principles applicable to such cases, particularly those involving high-risk offenders.

The court found that the evidence supported the extension of the interim supervision order. It concluded that Anderson continued to pose a significant risk to the community if not subject to the ongoing supervision and conditions outlined in the order. The terms of the consent orders were accepted by both parties, thereby resolving the matter. The court granted the application for an extension of the interim supervision order, with the terms as agreed by the parties. This decision was made in the interest of public safety and the need to manage the risk posed by Anderson.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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