State of New South Wales v Donovan

Judgment - Ex Tempore

1. HER HONOUR: In these proceedings the State of New South Wales sought orders under the Crimes (High Risk Offenders) Act 2006 (NSW). The State sought an order for continuing detention of the defendant and, in the alternative, an order for extended supervision. After the hearing, I reserved my decision.
2. At the time of the hearing, an interim detention order made at the preliminary hearing by Schmidt J was shortly due to expire: State of New South Wales v Donovan [2015] NSWSC 877. The period between the conclusion of the hearing and the expiration of the order (being three days) was too short to consider all of the material relied upon by the State (that is, some eight volumes) and to make a decision. Accordingly, I extended the interim detention order so as to expire on 17 September 2018, being a period of a further 28 days from the first interim continuing detention order, or on the day on which judgment is given, whichever is earlier. Judgment having been given today, the interim detention order expires today, subject to any further order of the Court.
3. I gave my reserved decision this morning, refusing the State's application for a continuing detention order: State of New South Wales v Donovan [2015] NSWSC 1254. The defendant did not oppose the extended supervision order sought by the State. However, I stated that it would be necessary to hear the parties as to the conditions of the extended supervision order to be made. I have this afternoon heard the parties as to the issues I raised concerning the conditions proposed. The issues I raised related to proposed conditions 4, 21, 22 and 23.
4. The State does not press condition 4 and that condition will be omitted from the order to be made.
5. Conditions 21, 22 and 23 are: The defendant must not sign any legal instrument that gives the defendant control of any money or assets of another person or organisation, without prior approval of the DSO. The defendant must not sign any lease, mortgage, contract for sale for goods or services above the value of $500, hire agreement, power of attorney, deed, or any instrument relating to obtaining any credit, opening of any account held at a bank, credit union, building society or similar institution, without prior approval of the DSO. The defendant must not form any corporation, partnership, unincorporated association or register any business names without prior approval of the DSO.