State of New South Wales v Sines - [2017] NSWSC 890

Supreme Court

New South Wales

Medium Neutral Citation: State of New South Wales v Sines [2017] NSWSC 890
Hearing dates: 4 July 2017
Decision date: 04 July 2017
Jurisdiction: Common Law
Before: R A Hulme J
Decision:
1. Pursuant to s 10B and 10C(1) of the Crimes (High Risk Offenders) Act 2006 ("the Act") the defendant is to be subject to an interim supervision order from 10 July 2017 for a period of 28 days.
2. Pursuant to s 11 of the Act, the defendant is directed to comply with the conditions set out in Schedule A to the Amended Summons filed on 5 May 2017 for the duration of the interim supervision order made in Order 1.

Catchwords: CIVIL LAW – high risk violent offender – Crimes (High Risk Offenders) Act 2006 –application for extended supervision order – index offence of wounding with intent to cause grievous bodily harm – history of repeated criminal offending – sentence of imprisonment of 7 years with non-parole period of 5 years and 3 months – term of sentence to expire 10 July 2017 – interim supervision order under s 10B of Crimes (High Risk Offenders) Act sought – defendant accepted into full-time residential rehabilitation program at Glebe House –– defendant participated in various rehabilitation programs in custody but no proven long-term change demonstrated –interim supervision order made
Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) s 10B
Cases Cited: State of New South Wales v Baldwin [2016] NSWSC 1141
State of New South Wales v Sines [2017] NSWSC 592
State of NSW v Lynn [2013] NSWSC 1147
Category: Procedural and other rulings
Parties: State of New South Wales (Plaintiff)
Peter James Sines (Defendant)
Representation:
Counsel:
Mr C McGorey (Plaintiff)
Mr P Coady (Defendant)
Solicitors:
Crown Solicitor’s Office
Legal Aid NSW

File Number(s): 2017/111393

Judgment

HIS HONOUR: The State of New South Wales applies for a high risk violent offender extended supervision order in respect of Peter James Sines under the Crimes (High Risk Offenders) Act 2006 (NSW) ("the Act").
Proceedings were commenced by the filing of a summons on 12 April 2017. An amended summons was filed in court when the matter came before Wilson J on 5 May 2017 for a preliminary hearing. Wilson J made orders pursuant to s 7(4) of the Act appointing a psychiatrist and a psychologist to examine Mr Sines and to furnish reports to the Court. The reports of Mr Patrick Sheehan, forensic psychologist, dated 26 June 2017 and of Dr Yolisha Singh, forensic psychiatrist, dated 30 June 2017, are now to hand.
Mr Sines is presently in custody serving a sentence of imprisonment of 7 years with a non-parole period of 5 years 3 months dating from 11 July 2010 for the index offence of wounding with intent to cause grievous bodily harm. He has not been granted parole. The total term of the sentence will expire on 10 July 2017.
The final hearing of the State's application is listed on 21 July 2017.

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 Sines

Details

AGLC: State of New South Wales v Sines [2017] NSWSC 890
Case: [2017] NSWSC 890
Decision Date: 04 July 2017

CaseChat Overview and Summary

The State of New South Wales brought an application for an extended supervision order against Sines, a high-risk violent offender. The application was made under the Crimes (High Risk Offenders) Act 2006, following Sines’s conviction for wounding with intent to cause grievous bodily harm. Sines had a history of repeated criminal offending and was serving a sentence of imprisonment of seven years, with a non-parole period of five years and three months, set to expire on 10 July 2017. The application was for an interim supervision order, which would have required Sines to participate in a full-time residential rehabilitation program at Glebe House. The application was made despite Sines’s prior participation in various rehabilitation programs while in custody, which had not demonstrated any proven long-term change in his behaviour.

The legal issues before the court included whether Sines’s history of criminal offending, coupled with his recent index offence, established him as a high-risk offender warranting an extended supervision order. The court needed to consider the effectiveness of the rehabilitation programs Sines had undertaken and whether his acceptance into the full-time residential rehabilitation program at Glebe House was a suitable next step. Additionally, the court had to weigh the potential for Sines to reoffend against the benefits of providing him with another opportunity for rehabilitation.

The court found that Sines’s history of repeated criminal offending and the nature of his index offence of wounding with intent to cause grievous bodily harm established him as a high-risk offender. Despite his participation in various rehabilitation programs in custody, there was no evidence of a proven long-term change in his behaviour. The court accepted that Sines’s acceptance into the full-time residential rehabilitation program at Glebe House was a significant step towards rehabilitation. Given these considerations, the court made an interim supervision order under section 10B of the Crimes (High Risk Offenders) Act 2006, requiring Sines to participate in the program at Glebe House.

Orders