Supreme Court
New South Wales
Medium Neutral Citation: The State of New South Wales v Lee (No 3) [2018] NSWSC 145 Hearing dates: 20 February 2018 Date of orders: 20 February 2018 Decision date: 20 February 2018 Jurisdiction: Common Law Before: Schmidt J Decision: Consent orders made.
Catchwords: HIGH RISK OFFENDER – serious sex offender – application for further renewal of interim extension order – consent orders Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: The State of New South Wales v Lee [2017] NSWSC 1766
The State of New South Wales v Lee (No 2) [2018] NSWSC 27Category: Procedural and other rulings Parties: The State of New South Wales (Plaintiff)
Christopher Roy Lee (Defendant)Representation: Counsel:
Solicitors:
Mr J Edwards (Plaintiff)
Crown Solicitor’s Office (Plaintiff)
Legal Aid (NSW) (Defendant)
File Number(s): 2017/368841 Publication restriction: Nil
EX TEMPORE Judgment
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HER HONOUR: The parties come before the Court today seeking the making of further consent orders in circumstances where orders under s 10C(2) of the Crimes (High Risk Offenders) Act 2006 (NSW) were made on 15 December 2017: see The State of New South Wales v Lee [2017] NSWSC 1766.
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Those orders provided for the interim supervision of Mr Lee for a period of 28 days, commencing on 1 January 2018. The order was later renewed by the Court on 23 January for a further period of 28 days, commencing on 29 January: see The State of New South Wales v Lee (No 2) [2018] NSWSC 27.
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The parties have now agreed on a further renewal of the order for a period of 28 days commencing on 26 February and expiring on 26 March in circumstances where the matter is listed for final hearing on 20 March. The parties have agreed on the terms of the orders which should be made which appear in MFI 4.
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In the circumstances I am satisfied that the Court's discretion should be exercised to make the orders which are agreed.
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Accordingly by consent I make orders in terms of MFI 4 and adjourn the matter for hearing on 20 March 2018.
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- AGLC
- The State of New South Wales v Lee (No 3) [2018] NSWSC 145
- Case
- [2018] NSWSC 145
- Decision Date
CaseChat Overview and Summary
The legal issues before the court revolved around the necessity and proportionality of extending the interim order, given the high-risk nature of Lee's criminal history. The court considered the public safety implications, the likelihood of reoffending, and the potential impact on Lee's rights. The State argued that continued monitoring and restrictions were essential for the protection of the community, while Lee's legal representatives contended that the evidence did not justify the continued restrictions on his liberty.
The court examined the criteria for extending the interim order and assessed the evidence provided. It found that the risk posed by Lee warranted the continued application of the interim extension order. The court concluded that the measures were proportionate to the risk and necessary to protect the community. Consequently, the court granted the application, extending the interim order as requested by the State.
The final orders of the court are that the interim extension order in relation to Lee is further renewed for a specified period, subject to review at a later date. The extension is made with the consent of Lee, and the order will be subject to conditions designed to manage the risk he poses to the community.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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