[2016] NSWSC 828

State of New South Wales v Anderson (No 5)

(1) An order pursuant to s 10C(2) of the Crimes (High Risk Offenders) Act 2006 ("the Act") that the interim supervision order made on 27 April 2016 (with effect from 28 April 2016), and renewed on 23 May 2016, be further renewed for a period of 28 days to take effect from 11:00am on 23 June 2016 and to expire at 11:00am on 21 July 2016. (2) An order pursuant to s 11 of the Act, that for the period of the interim supervision order as renewed, the defendant is to comply with the conditions in the Schedule to the Orders made by the Court of Appeal on 27 April 2016. (3) Liberty to apply on two days' notice.

Catchwords

HIGH RISK OFFENDER – notice of motion – application for renewal of interim supervision order – orders made

Cases cited

Anderson v State of New South Wales[2016] NSWCA 86
State of New South Wales v Anderson (No 4)[2015] NSWSC 1970
State of New South Wales v Anderson (Supreme Court (NSW), Fagan J, 23 May 2016, unrep)

Legislation cited

Crimes (High Risk Offenders) Act 2006

Judgment

[1]
By motion filed yesterday the State of New South Wales seeks orders under s 10C and s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW) for renewal of interim supervision orders made on 27 April 2016. The motion is supported by an affidavit sworn by Mr Camporeale, a solicitor employed in the office of the Crown Solicitor, as well as reports of Dr Andrew Ellis of 7 June 2016, Dr Richard Furst of 9 June 2016 and Dr Jeremy O’Dea of 14 June 2016.
[2]
Orders were originally made by Wilson J on 14 December 2015 (see State of New South Wales v Anderson (No 4) [2015] NSWSC 1970). The Court of Appeal upheld an appeal from that decision, making, however, interim supervision orders with effect from 28 April 2016 (see Anderson v State of New South Wales [2016] NSWCA 86). They were extended by Fagan J on 23 May 2016 (see State of New South Wales v Anderson (Supreme Court (NSW), Fagan J, unrep). The matter is listed for further hearing before Wilson J on 24 June 2016.
[3]
The parties now ask the Court to make further consent orders, extending the interim orders until after the impending hearing. I am satisfied on the evidence that orders in the terms agreed should be made. Those orders will enable the orderly hearing of the outstanding aspect of the case, in circumstances where, unless the order is made, Mr Anderson’s supervision will expire before the proceedings are determined, and where the matters alleged in the supporting documentation would, if proved, justify the making of an extended supervision order.
[4]
Accordingly, I make the following orders sought:
1. (1)
  An order pursuant to s 10C(2) of the Crimes (High Risk Offenders) Act 2006 ("the Act") that the interim supervision order made on 27 April 2016 (with effect from 28 April 2016), and renewed on 23 May 2016, be further renewed for a period of 28 days to take effect from 11:00am on 23 June 2016 and to expire at 11:00am on 21 July 2016.
2. (2)
  An order pursuant to s 11 of the Act, that for the period of the interim supervision order as renewed, the defendant is to comply with the conditions in the Schedule to the Orders made by the Court of Appeal on 27 April 2016.
3. (3)
  Liberty to apply on two days' notice.