State of New South Wales v Hayter [2020] NSWSC 916

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Hayter [2020] NSWSC 916 Hearing dates: 13 July 2020 Date of orders: 20 July 2020 Decision date: 20 July 2020 Jurisdiction: Common Law Before: Campbell J Decision: See paragraph 78 Catchwords: HIGH RISK OFFENDERS – interim orders – whether the conditions of supervision are appropriate Legislation Cited: Crimes Act 1900 (NSW) s 61M Crimes (High Risk Offenders) Act 2006 (NSW) ss 5B, 7(3), 7(4), 9(2), 9(3), 10(1A)(b), 10(2), 10A, 11, 12, 21 Cases Cited: Kovalev v Minister for Immigration and Multicultural Affairs (1999) 100 FCR 323, [1999] FCA 557 State of New South Wales v BG (Final) [2019] NSWSC 200 State of NSW v Hayter [2007] NSWSC 1146 State of New South Wales v Hayter [2008] NSWSC 394 State of New South Wales v Hayter [2009] NSWSC 611 State of New South Wales v McQuilton (Final) [2019] NSWSC 265 Wilde v State of New South Wales [2015] NSWCA 28 Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) Warren Graeme Hayter (Defendant) Representation: Counsel: J.K. Edwards (Plaintiff) R. El-Choufani (Defendant)

Solicitors: Crown Solicitor (Plaintiff) Legal Aid Commission (Defendant) File Number(s): 2020/168215

Judgment 1. By Amended Summons filed on 8 July 2020, the State of New South Wales (the State) is seeking a second Extended Supervision Order (ESO) against the defendant, Mr Hayter under the provisions of the Crimes (High Risk Offenders) Act 2006 (NSW). All references to legislative provisions in this judgment, unless otherwise specified, are references to that legislation. 2. As contemplated by s 7(3) I conducted a preliminary hearing into the application on 13 July 2020. While reserving his rights to contest the State's application for the ESO at the final hearing, Mr Hayter, through his counsel, Mr El-Choufani concedes that the material placed before the Court by the State as annexures to the affidavit of Briony O'Loughlin would, if proved at the final hearing, justify the making of an ESO.