State of New South Wales v Wilmot

The case involved the State of New South Wales and Wilmot, a high-risk sex offender. The dispute centred around suppression orders made under the Court Suppression and Non-Publication Orders Act 2010. The Crown sought to maintain these orders, while Wilmot applied to have them set aside. The matter was heard in the Supreme Court of New South Wales.

The legal issues before the court were whether the interim suppression orders were validly made and, if not, whether Wilmot was entitled to have them set aside. The court had to consider the requirements of the Act, including whether the orders were properly prepared and supported by evidence. The Crown argued that the orders were necessary to protect the privacy of victims and witnesses and to prevent harm to Wilmot if his identity were disclosed. Wilmot contended that the orders were overly broad and had adversely affected his right to a fair trial.

The court found that the interim orders were not validly made because they were issued without proper preparation and evidence. The court noted that the application and evidence provided were insufficient to meet the statutory requirements. The Crown's arguments regarding the need for the orders were acknowledged, but the court held that the statutory process must be followed. The court dismissed Wilmot's application for suppression orders, finding that the interim orders were set aside, and no new orders were made.