Australia, May 25 -- New South Wales Land and Environment Court issued text of the following judgement on April 24:

1. The defendant, Grant Michaels (a pseudonym [1] ), is a 30-year-old First Nations man with a history of committing both violence and property offences. He is currently subject to an Interim Supervision Order ("ISO") imposed by Walton J which commenced on 28 February 2025 [2] . It was subsequently extended and is set to expire on 25 April 2025.

2. The plaintiff, the State of New South Wales, has brought proceedings against the defendant pursuant to the Crimes (High Risk Offenders) Act 2006 (NSW) ("the Act") by way of summons filed on 12 September 2024. The plaintiff seeks final relief in the nature of a two-year Extended Supervision Order ("ESO") subject to certain conditions. The conditions of the ESO proposed by the plaintiff are those that were sought before Walton J following the preliminary hearing, with the exception of conditions 6, 11 and 24. The making of the order is opposed by the defendant. Should the order be made, the defendant opposes the imposition of some of the conditions.

3. On 18 February 2025, Walton J ordered the appointment of two experts to assess the defendant's risk of reoffending and that they furnish their reports to the Court. In accordance with those orders, the following persons provided reports to the Court:

1) Professor Emeritus Susan Hayes, Forensic Psychologist, dated 23 March 2025; and

2) Dr Chelsey Dewson, Forensic Psychologist, dated 26 March 2025.

4. The final hearing of the plaintiff's application came before me on 17 April 2025. Ms Curry appeared for the plaintiff and Mr Bickford appeared for the defendant. I am grateful for their assistance.

5. The following documentary material was read without objection:

1) On behalf of the plaintiff:

a) Affidavits of Nicholas McArdle, affirmed on 11 September 2024, 10 December 2024, 29 January 2025 and 14 April 2025.

b) Affidavit of Vicki McCarthy, affirmed on 31 March 2025.

2) On behalf of the defendant:

a) Affidavits of Joseph Harding, affirmed on 3 April 2025, 11 April 2025 and 17 April 2025.

6. A Joint Statement of Agreed Facts, dated 14 April 2025, was also provided to the Court and Professor Hayes gave short additional evidence at the hearing and was briefly cross-examined.

7. For the reasons that follow, I am satisfied that an ESO of two years should be made, subject to conditions. The conditions are set out in an annexure at the conclusion of these reasons.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19665cb86f170051cf093c46)

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