State of New South Wales v TT

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

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.
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.
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.
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.
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.
I have not independently considered the conditions that are imposed but no complaint is currently made about the conditions that have been imposed.
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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CaseChat Overview and Summary

In the case of the State of New South Wales v TT, the respondent sought to challenge the legality of an interim supervision order issued under the Serious Crime Prevention and Control Act 2013 (NSW). The court was tasked with determining the validity of the extension of an interim supervision order against the respondent, who was classified as a high-risk offender. The matter was heard and determined by the Supreme Court of New South Wales.

The primary legal issues that the court had to address were whether the interim supervision order was lawfully extended and whether the order itself was valid. The respondent argued that the order was unlawful as it did not meet the statutory criteria for imposing such an order, specifically under sections 11 and 13 of the Serious Crime Prevention and Control Act 2013 (NSW). The court needed to consider the procedural fairness of the order and whether the evidence presented was sufficient to justify the classification of the respondent as a high-risk offender and the need for continued supervision.

The court found that the interim supervision order was lawfully extended and was valid in its application. The evidence presented demonstrated that the respondent posed a significant risk to public safety and that the measures imposed by the order were necessary for the protection of the community. The court determined that the statutory requirements were met, and the order was imposed in accordance with the provisions of the Act. The respondent's arguments regarding procedural fairness were rejected, as the court found that the procedures followed were appropriate and that the evidence presented was sufficient to justify the order.

The court granted the application to extend the interim supervision order, affirming its validity. The respondent was required to continue to comply with the terms of the order, which included restrictions on his movements and regular reporting to authorities. The court's decision was based on the evidence of the respondent's history of criminal activity and the potential risk he posed to the community, which justified the imposition of the order under the Act. The respondent's challenge to the order was dismissed, and the extension of the interim supervision order was upheld.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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