State of New South Wales v Lee (No 2)

[2018] NSWSC 27

Supreme Court

New South Wales

Medium Neutral Citation:

State of New South Wales v Lee (No 2) [2018] NSWSC 27

Hearing dates:

23 January 2018

Date of orders:

23 January 2018

Decision date:

23 January 2018

Jurisdiction:

Common Law

Before:

Lonergan J

Decision:

(1) Pursuant to s 10C(2) of the Crimes (High Risk Offenders) Act 2006, the order made by the Court on 15 December 2017, pursuant to ss 10A and 10C(1), for the interim supervision of the Defendant for a period of 28 days commencing on 1 January 2018 and expiring on 28 January 2018 is renewed for a period of 28 days commencing on 29 January 2018 and expiring on 25 February 2018.

 

(2) Pursuant to s 11 of the Act, the Defendant is directed to comply with the conditions set out in the orders of the Court made on 15 December 2017 for the period of the interim supervision order as renewed.

 

(3) The proceeding is listed on 20 February 2018 at 10:00 AM for hearing of an application by the Plaintiff for a further renewal of the interim extension order.

 (4) The parties are granted liberty to apply on two days’ notice.

Catchwords:

HIGH RISK OFFENDER – serious sex offender – application for extension of interim supervision order

Legislation Cited:

Crimes (High Risk Offenders) Act 2006 s 10A

Cases Cited:

The State of New South Wales v Lee [2017] NSWSC 1766

Category:

Procedural and other rulings

Parties:

State of New South Wales (Applicant)
Christopher Roy Lee (Respondent)

Representation:

Counsel:
J Edwards (Plaintiff)
T Reynolds (Defendant)

  Solicitors:
Crown Solicitor’s Office (Plaintiff)
Legal Aid NSW (Defendant)

File Number(s):

2017/368841

Publication restriction:

Nil

Judgment

1. These proceedings have been listed before me to consider further proposed orders regarding the ongoing supervision of the defendant pending a final hearing under the Crimes (High Risk Offenders) Act2006. The final hearing is currently listed on 20 March 2018.

2. A preliminary hearing took place on 12 December 2017. Orders were made by Schmidt J on 15 December 2017 that pursuant to s 10A of the Act the defendant is to be subjected to an interim supervision order for 28 days from 1 January 2018 as well as other ancillary orders.

3. The Act requires that I make my own determination as to whether a further interim supervision order is appropriate. I have had the benefit of reading the judgment of Schmidt J in The State of New South Wales v Lee [2017] NSWSC 1766 and her reasoning and, in particular, I rely on paragraphs [3]-[7], [26]-[61] and [62]-[70] of her judgment which analyse the reasons why she found an interim supervision order was appropriate.

4. I have read the evidence upon which the applicant plaintiff relies and, in particular, the remarks of the sentencing judges in relation to both the murder conviction and the conviction for sexual assault, as well as the report of Mr Ardasinski and Mr Flatley as to the risks the defendant presents.

5. The parties have proposed orders set out in an agreed Short Minutes of Order which I will sign and place with the papers. Those short minutes propose that the current interim supervision order expiring on 28 January 2018, should be renewed for a period of 28 days commencing on 29 January 2019 and expiring on 25 February 2018.

6. I am satisfied that it is appropriate to make a further order for interim supervision in accordance with the Short Minutes of Order.

7. Accordingly, I make orders as follows:

1. Pursuant to s 10C(2) of the Crimes (High Risk Offenders) Act 2006, the order made by the Court on 15 December 2017, pursuant to ss 10A and 10C(1), for the interim supervision of the Defendant for a period of 28 days commencing on 1 January 2018 and expiring on 28 January 2018 is renewed for a period of 28 days commencing on 29 January 2018 and expiring on 25 February 2018.

2. Pursuant to s 11 of the Act, the Defendant is directed to comply with the conditions set out in the orders of the Court made on 15 December 2017 for the period of the interim supervision order as renewed.

3. The proceeding is listed on 20 February 2018 at 10:00 AM for hearing of an application by the Plaintiff for a further renewal of the interim extension order.

4. The parties are granted liberty to apply on two days’ notice.

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