State of New South Wales v Hackett (Preliminary)

In this matter, the State of New South Wales sought an interim supervision order under the Crimes (Serious Sex Offenders) Act 2006 against the respondent, Hackett. The application was heard by Justice Mortimer in the Supreme Court of New South Wales. The applicant sought the interim supervision order due to Hackett's history of serious sexual offending, his unstable mental health condition, and his ongoing substance abuse, particularly methamphetamine. The application arose from Hackett's breaches of an existing electronic supervision order.

The primary legal issue before the court was whether the statutory criteria for the making of an interim supervision order were met in the circumstances of the case. The court considered the nature and seriousness of Hackett's previous offences, his ongoing risk of reoffending, his mental health condition, and the potential effectiveness of an interim supervision order in managing that risk. The court also evaluated whether the proposed conditions of the interim supervision order, including electronic monitoring, were necessary and appropriate given Hackett's current circumstances.

Justice Mortimer concluded that the statutory criteria for the making of an interim supervision order were met. The court found that Hackett's history of serious sexual offending, coupled with his unstable mental health and substance abuse issues, presented a significant risk of reoffending. The court was satisfied that electronic monitoring and the imposition of more onerous conditions than those in Hackett's existing electronic supervision order were appropriate measures to manage that risk. The application for an interim supervision order was therefore granted.

Justice Mortimer made an interim supervision order under the Crimes (Serious Sex Offenders) Act 2006, subject to the conditions outlined in the judgment. The order was to remain in effect until the final determination of the proceedings or the making of a final supervision order.