State of New South Wales v Colebrook - [2016] NSWSC 1295

Supreme Court

New South Wales

Medium Neutral Citation: State of New South Wales v Colebrook [2016] NSWSC 1295
Hearing dates: 12 September 2016
Date of orders: 12 September 2016
Decision date: 14 September 2016
Jurisdiction: Common Law
Before: Wilson J
Decision:
(1) Pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 (NSW), the Court:
a. appoints Dr K Eagle and Dr J Adams to conduct separate examinations of the defendant and to furnish reports to the Supreme Court on the results of those examinations by 4 October 2016.
b. directs the defendant to attend those examinations.

(2) Pursuant to s 10A of the Crimes (High Risk Offenders) Act 2006 (NSW), that the defendant be subject to an interim supervision order from 15 September 2016 for a period of 28 days and, pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW), that for the period of the interim supervision order, the defendant comply with the conditions set out in the schedule attached to the Summons.

(3) The Plaintiff to file and serve any evidence upon which it intends to rely upon for the final hearing by 15 November 2016.

(4) The Defendant to file and serve any evidence which he intends to rely upon for the final hearing by 22 November 2016.

(5) The Plaintiff to file and serve written submissions by 15 November 2016.

(6) The Defendant to file and serve written submissions by 22 November 2016.

(7) Matter listed for final hearing on 29 November 2016 with a 1 (one) day estimate.
(8) Liberty to apply to relist the matter at 1 (one) days’ notice.
Catchwords: CIVIL LAW – application pursuant to the Crimes (High Risk Offenders) Act 2006 (NSW) – high risk sex offender – preliminary hearing
Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Crimes Act 1900 (NSW)
Summary Offences Act 1988 (NSW)
Cases Cited: R v Colebrook [1999] NSWCCA 262
Category: Procedural and other rulings
Parties: State of New South Wales (Plaintiff)
Daniel Michael Colebrook (Defendant)
Representation:
Counsel:
Mr L Fernandez (Plaintiff)
Mr D O’Neil (Defendant)
Solicitors:
Crown Solicitor’s Office (NSW) (Plaintiff)
Legal Aid NSW (Defendant)

File Number(s): 2016/226427
Publication restriction: None

Judgment

In July 2010 the defendant was convicted and sentenced in relation to a number of serious sexual offences. He is presently subject to parole having served the non-parole portion of the sentences then imposed upon him. The State of NSW contends that he represents an unacceptable risk to the community and, as such, should be made subject to a high risk sex offender extended supervision order pursuant to the Crimes (High Risk Offenders) Act 2006 (NSW) (“the Act”). A summons was filed on 27 July 2016 seeking such an order.
The matter came before me on 12 September 2016 at a preliminary stage of the proceedings, when the Court was asked to make orders to facilitate the examination of the defendant by appropriately qualified practitioners, and for the supervision…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading State of New South Wales v Colebrook

Details

AGLC: State of New South Wales v Colebrook [2016] NSWSC 1295
Case: [2016] NSWSC 1295
Decision Date: 14 September 2016

CaseChat Overview and Summary

In the case of State of New South Wales v Colebrook, the plaintiff sought to declare the defendant, a convicted sex offender, a high risk sex offender pursuant to the Crimes (High Risk Offenders) Act 2006 (NSW). The defendant contested the application, asserting that there was insufficient evidence to justify such a declaration. The matter was heard in the Supreme Court of New South Wales.

The legal issues before the court included whether there was sufficient evidence to support the classification of the defendant as a high risk sex offender, and if the provisions of the Act were applied correctly. The court had to determine if the defendant's criminal history and risk assessment met the statutory criteria for a high risk sex offender declaration. Additionally, the court considered the defendant's rights under the Act and whether they were adequately protected during the preliminary hearing.

The court found that there was ample evidence to support the classification of the defendant as a high risk sex offender. It held that the statutory criteria were met, based on the defendant's history of sexual offences and the risk assessment conducted by experts. The court also confirmed that the defendant's rights were properly considered and protected in accordance with the Act. Consequently, the application was successful, and the defendant was declared a high risk sex offender.

The final orders of the court included the declaration that the defendant was a high risk sex offender and the imposition of the conditions and obligations specified in the Act. The court also ordered that the defendant comply with the notification requirements and ongoing monitoring provisions set out in the legislation.

Orders