State of New South Wales v Mackey (No 2)

The case of State of New South Wales v Mackey (No 2) involved the State of New South Wales as the applicant, seeking a final supervision order for Mr Mackey, a high-risk offender under the Crimes (High Risk Offenders) Act 2006 (NSW). The dispute centred on whether an unacceptable risk existed for Mr Mackey to commit a serious violence offence and, if so, what conditions should be attached to any extended supervision order. The matter was heard in the Supreme Court of New South Wales.

The primary legal issue for the court to determine was whether Mr Mackey posed an unacceptable risk of committing a serious violence offence, as required by the Crimes (High Risk Offenders) Act 2006 (NSW). If such a risk was established, the court then had to decide on the appropriate conditions for an extended supervision order. The applicant argued for a stringent set of conditions due to Mr Mackey’s history of violence and criminal activities, while the respondent contested certain conditions on the grounds of personal liberty and practicality.

The court found that the risk of Mr Mackey committing a serious violence offence was indeed unacceptable, based on his criminal history and risk assessments. Despite the respondent's objections, the court determined that the proposed conditions were necessary to ensure public safety and mitigate the risk of reoffending. Consequently, the court made an extended supervision order for three years with specific conditions attached, balancing the need for public protection with the respondent’s rights and personal circumstances.

The final orders included an extended supervision order for three years with conditions such as regular reporting to a supervising officer, restrictions on travel, and participation in specified programs designed to address his risk factors. The court’s decision was aimed at providing a framework to manage Mr Mackey's risk while considering his rights and the need to protect the community.