State of New South Wales v Wilde

In the case of State of New South Wales v Wilde, the defendant, a high risk sex offender, was subject to an extended supervision order which had expired. The state sought an interlocutory application to have an interim supervision order imposed. The application was heard in the Supreme Court of New South Wales. The central legal issue before the court was whether the defendant was in "lawful custody" as defined by section 10(2) of the Crimes (High Risk Offenders) Act 2006 (NSW) at the time of the application, and whether the matters alleged, if proven, justified the making of an extended supervision order.

The court found that the defendant had been in lawful custody when he was in custody on bail pending another matter, and this period should be considered as part of his time under supervision. This interpretation of "lawful custody" extended the period for which the defendant could be subject to an extended supervision order. The court also considered whether the allegations, if proven, warranted the imposition of an extended supervision order. The court found that there was a significant risk of re-offending if the defendant was not subject to supervision, and thus the application for an interim supervision order was granted.

The Supreme Court concluded that the defendant was in lawful custody during the time he was on bail, and that the allegations, if proven, justified the imposition of an extended supervision order. As a result, the court granted the application for an interim supervision order, pending the final determination of the matter. The court directed that the defendant be subject to the conditions of the interim supervision order until the final hearing.