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State of New South Wales v Currie (Preliminary)

State of New South Wales v Currie (Preliminary)

Case [2021] NSWSC 175 9 March 2021

High Risk Offender

Extended Supervision Order

Serious Sex Offender

Risk Assessment

Criminal Law

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Supreme Court

New South Wales

Amendment notes

Medium Neutral Citation: State of New South Wales v Currie (Preliminary) [2021] NSWSC 175
Hearing dates: 1 March 2021
Date of orders: 5 March 2021
Decision date: 09 March 2021
Jurisdiction: Common Law
Before: Davies J
Decision:
1. Pursuant to section 7(4) of the Crimes (High Risk Offenders) Act 2006 (“the Act”):
a. That two qualified psychiatrists and/or registered psychologists (or any combination of two such persons) be appointed to conduct separate psychiatric and/or psychological examinations of the defendant and to furnish reports to the Supreme Court on the results of those examinations by a date to be fixed by the Court;
b. The defendant is directed to attend those examinations.
2. Pursuant to ss. 10A and 10C(1) of the Act, that the defendant be subject to an interim supervision order commencing from midnight on 12 March 2021 for a period of 28 days (“the interim supervision order”).
3. Pursuant to s. 11 of the Act, the defendant is directed, for the period of the interim supervision order, to comply with the conditions set out in the Schedule to this judgment.
4. Access to the Supreme Court's file in respect of any document shall not be granted to a non-party without the leave of a judge of the Court, and, if any application for access is made by a non-party in respect of any document, the parties are to be notified by the Registrar so as to allow them an opportunity to be heard in relation to the application of access.
5. The matter is listed before Bellew J for directions at 9:30am on 18 March 2021.
See end of judgment for Schedule of Conditions of Supervision

Catchwords:
HIGH RISK OFFENDER – extended supervision order preliminary hearing – serious sex offender – where defendant has extensive criminal record – where defendant had sexual assault and indecent assault convictions – where defendant has a psychotic illness – where defendant’s risk assessment is well above average – interim supervision order granted – nature of conditions of ISO to be imposed

Legislation Cited:
Crimes Act 1900 (NSW) s 61J
Crimes (High Risk Offenders) Act 2006 (NSW) ss 4, 5, 5B, 5I, 7, 10A

Cases Cited:
Attorney General for New South Wales v Tillman [2007] NSWCA 119
Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57
R v Currie [2002] NSWCCA 126
State of New South Wales v Clarke [2019] NSWSC 411
State of New South Wales v Simcock (Final) [2016] NSWSC 1805
State of New South Wales v Sleeman (Preliminary) [2018] NSWSC 562
State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118
State of New South Wales v Tiggelen [2018] NSWSC 1399
State of New South Wales v Wilkinson (Preliminary) [2020] NSWSC 1813

Texts Cited:
Nil

Category: Procedural rulings
Parties: State of New South Wales (Plaintiff)
Desmond Currie (Defendant)
Representation:
Counsel:
K Curry (Plaintiff)
S Howell (Defendant)
Solicitors:
Crown Solicitor’s Office (Plaintiff)
Legal Aid NSW (Defendant)

File Number(s):

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 Currie (Preliminary)

Details

AGLC: State of New South Wales v Currie (Preliminary) [2021] NSWSC 175
Case: [2021] NSWSC 175
Decision Date: 09 March 2021

CaseChat Overview and Summary

The preliminary hearing in State of New South Wales v Currie was held to determine whether an extended supervision order (ISO) should be imposed on the defendant, who had an extensive criminal history, including convictions for sexual assault and indecent assault. The defendant also suffered from a psychotic illness. The hearing was held under the Crimes (Serious Sex Offenders) Act 2006 (NSW). The primary issue for the court was whether the defendant's risk of reoffending warranted the imposition of an ISO, given his criminal history, mental health condition, and the results of a risk assessment that placed him well above average in terms of risk.

The court considered the defendant's criminal history, which included multiple sexual offences, and his current mental health condition. The court examined the results of the risk assessment, which indicated a high likelihood of reoffending. The court also took into account the defendant's extensive history of non-compliance with previous orders and the potential impact of his psychotic illness on his ability to manage his behaviour. The court concluded that the defendant's risk of reoffending was sufficiently high to warrant the imposition of an ISO. The court noted that the defendant's mental health condition, while a mitigating factor, did not outweigh the risk of reoffending. The court granted an interim supervision order pending a final hearing.

The court set out the conditions that would apply to the ISO, which included requirements for the defendant to comply with treatment and to report regularly to a supervision officer. The court also imposed conditions related to the defendant's mental health treatment and monitoring. The court ordered that the final hearing for the imposition of the ISO would be held at a later date.

Orders