State of New South Wales v Hamze

The State of New South Wales appealed to the Court of Appeal of the Supreme Court of New South Wales against the Supreme Court's refusal of its application for an extended supervision order. The application concerned Mr Hamze, who had been convicted of an offence against section 33A(1) of the *Crimes Act 1900* (NSW). The central dispute was whether this offence qualified as a "serious violence offence" as defined in section 5A(1) of the *Crimes (High Risk Offenders) Act 2006* (NSW).

The Court of Appeal was required to determine whether an offence under section 33A(1) of the *Crimes Act 1900* (NSW) constituted a "serious violence offence" for the purposes of the *Crimes (High Risk Offenders) Act 2006* (NSW). This involved interpreting the definition of a serious violence offence in section 5A(1) and considering whether the elements of the offence committed by Mr Hamze necessarily satisfied those requirements, even if not explicitly stated in the same terms. The Court also considered the applicability of the principle of legality to sections 5A and 5B of the *Crimes (High Risk Offenders) Act 2006* (NSW).

The Court reasoned that the offence under section 33A(1) of the *Crimes Act 1900* (NSW), which involved discharging a firearm with intent to cause grievous bodily harm, necessarily involved conduct that satisfied the requirements of section 5A(1)(a) of the *Crimes (High Risk Offenders) Act 2006* (NSW). The Court held that discharging a firearm with such intent was more than merely preparatory and constituted an act towards the commission of the crime of engaging in conduct causing grievous bodily harm with intent. Furthermore, the Court found that the principle of legality was inapplicable to sections 5A and 5B of the *Crimes (High Risk Offenders) Act 2006* (NSW), and even if it were, it would not outweigh the clear meaning derived from the text, context, and purpose of the legislation.

The appeal was allowed, and the order of the Supreme Court dismissing the amended summons was set aside. The proceedings were remitted to the Common Law Division for redetermination according to law.