State of New South Wales v TT

[2018] NSWSC 347

Supreme Court

New South Wales

Medium Neutral Citation:

State of New South Wales v TT [2018] NSWSC 347

Hearing dates:

26 February 2018

Date of orders:

26 February 2018

Decision date:

26 February 2018

Jurisdiction:

Common Law

Before:

Rothman J

Decision:

(1) Pursuant to s 10C(2) of the Crimes (High Risk Offenders) Act 2006 (“the Act”), the order made by the Court on 17 January 2018 pursuant to s 10A of the Act, for the interim supervision of the Defendant for a period of 28 days commencing on 3 February 2018 (“the interim supervision order”), be renewed for a period of 28 days commencing on 3 March 2018 and expiring on 30 March 2018, or upon determination of the Plaintiff’s prayers for final relief, whichever occurs first.

 

(2) Pursuant to s 11 of the Act, the Defendant is directed to comply with the conditions annexed to the orders made on 17 January 2018 for the duration of the interim supervision order as further renewed.

 (3)   The parties are granted liberty to apply on two days’ notice.

Catchwords:

HIGH RISK OFFENDERS – Interim Supervisions Orders – extension required and granted.

Legislation Cited:

Crimes High Risk Offenders Act 2006

Category:

Consequential orders (other than Costs)

Parties:

State of New South Wales (Plaintiff)
TT (Defendant

Representation:

Solicitors:
Crown Solicitors Office (Plaintiff)
Legal Aid NSW (Defendant)

File Number(s):

2017/000344591

Ex tempore Judgment

1. HIS HONOUR: The Court has before it an application for a further interim supervision order in relation to the defendant. An interim supervision order was made by the Court on 17 January 2018 and before that on 18 December 2017.

2. I have read extracts of the report of Dr Adam Martin of 6 February 2018, which is one of the reports compiled as a result of the orders made in the past.

3. Apart from the earlier orders of the Court, the further expert report that has been filed indicates that if matters that are alleged within it were proved to the Court, they justify the making of an extended supervision order. As a consequence, the Court is satisfied that the jurisdictional gateway and requirements for the making of an interim supervision order have been satisfied.

4. Orders are sought under s 10C(2) and s 11 of the Crimes High Risk Offenders Act 2006 for the imposition of an interim supervision order with the conditions that have been already imposed.

5. The current interim supervision order will expire such that this new order needs to take effect on and from 3 March 2018 and expire on 30 March 2018. A final hearing is listed between those dates.

6. I have not independently considered the conditions that are imposed but no complaint is currently made about the conditions that have been imposed.

7. As a consequence I make the orders in the Short Minutes of Order handed to the Court bearing my initials and signature, and dated today’s date.

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Decision last updated: 19 March 2018