State of New South Wales v Matthews (Aka Hackett) (Final)

The case of the State of New South Wales against Matthews, also known as Hackett, reached its conclusion in the Supreme Court of New South Wales. The dispute centred around an application made under the Crimes (High Risk Offenders) Act 2006 (NSW). Matthews, a person previously convicted of serious sex offences, sought to have his status as a high-risk sex offender reviewed and potentially removed. The State opposed this application, asserting that the criteria for such a designation remained applicable.

The court had to determine whether Matthews still met the criteria for classification as a high-risk sex offender, as outlined in the relevant legislation. This required a thorough examination of Matthews' past criminal history, his current risk assessment, and any changes in his circumstances since his previous designation. The legal issues encompassed the interpretation of the statutory criteria and the application of these criteria to the facts of the case.

The court held that despite Matthews' arguments, the statutory criteria for classifying him as a high-risk sex offender were still satisfied. The evidence presented demonstrated that Matthews continued to pose a significant risk to the community, primarily due to his past criminal conduct and the likelihood of reoffending. Given the weight of this evidence, the court upheld the classification, denying Matthews' application. Consequently, the court dismissed the application, and Matthews remains subject to the restrictions and monitoring imposed by his designation as a high-risk sex offender.