State of New South Wales v Hayter (Final)

In this matter, the State of New South Wales sought an extended supervision order against the defendant, Hayter, who has a substantial history of serious sexual offences against boys under 16 years of age. Hayter, diagnosed with paedophilia and hebephilia, has been subject to continuing detention orders and extended supervision orders since 2007. Despite not opposing the order, Hayter has repeatedly breached the conditions of these orders. The court had to determine whether Hayter posed an unacceptable risk of committing a serious offence if not kept under supervision. The decision hinged on whether the court was satisfied to a high degree of probability that Hayter posed such a risk, taking into account the factors outlined in sections 9(2) and 9(3) of the Crimes (High Risk Offenders) Act 2006.

The court considered the extensive history of Hayter's offending, the expert opinions provided by psychologists and psychiatrists, and the repeated breaches of the conditions of previous orders. The unanimous opinions of the expert witnesses formed a strong foundation for the court's decision. Hayter's diagnosis, history of offending, and repeated breaches of supervision conditions were critical in assessing the risk he posed. Given the compelling evidence and expert opinions, the court concluded that Hayter indeed posed an unacceptable risk of committing a serious offence if not kept under supervision.

Consequently, the court granted the application for an extended supervision order. The order is to remain in effect for a period of three years, subject to specific conditions designed to monitor and manage Hayter's behaviour and reduce the risk he poses to the community. The order aims to ensure Hayter's supervision continues, mitigating the risk he represents to society.