State of New South Wales v Haouchar

The State of New South Wales sought an extended supervision order against Haouchar, a convicted offender, on the grounds that he posed an unacceptable risk of committing another serious offence. The case was heard in the Supreme Court of New South Wales. The offender, Haouchar, had a history of serious criminal conduct, including manslaughter, armed robberies, and being an accessory to murder. He was classified as a high-risk offender and diagnosed with antisocial personality disorder. The State argued that the gravity and consequences of Haouchar’s possible criminal conduct contributed to the unacceptable risk he posed to the community.

The court was required to determine whether it was satisfied to a high degree of probability that Haouchar posed an unacceptable risk of reoffending. Given his past criminal behaviour and diagnosis, the court needed to weigh these factors against the offender’s overseas status at the time of the hearing. Haouchar had overstayed his stated return date, complicating the proceedings as his anticipated return was now unknown, and his lawyers' retainer had been terminated. Despite these challenges, the parties agreed that judgment should be handed down forthwith.

In reaching its decision, the court considered the severity and nature of Haouchar’s previous offences, his diagnosed antisocial personality disorder, and the high-risk classification assigned to him. The court concluded that the gravity of Haouchar’s past conduct, combined with the likelihood of reoffending, warranted an extended supervision order. The court was satisfied that the risk posed by Haouchar was unacceptable, and thus, an extended supervision order was made.

The court ordered that Haouchar be subject to an extended supervision order, reflecting the unacceptable risk he posed to the community based on his criminal history and diagnosed condition.