State of New South Wales v Gavin [2022] NSWSC 125

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Gavin [2022] NSWSC 125 Hearing dates: 28 January 2022 Date of orders: 28 January 2022 Decision date: 28 January 2022 Jurisdiction: Common Law Before: Garling J Decision: See [10] Catchwords: HIGH RISK OFFENDERS — extended supervision orders — relevance of material to proceedings — information is relevant if it relates to the issues in the proceedings — material not relevant Legislation Cited: Terrorism (High Risk Offenders) Act 2017 Cases Cited: Not Applicable Texts Cited: Not Applicable Category: Principal judgment Parties: State of New South Wales (P) Joseph Emmanuel Gavin (D) Representation: Counsel: Mr J Emmet SC / Ms McEwen (P) Self-Represented (D)

Solicitors: NSW Crown Solicitors Office (P) File Number(s): 2021/348609 Publication restriction: Nil

EX TEMPORE Judgment 1. Application is made by the State of NSW, by a Notice of Motion filed 25 January 2022, to provide relief to it from the obligations which fall on it with respect to disclosure of information to a defendant for the purposes of the application made by it to this Court for orders under the Terrorism (High Risk Offenders) Act 2017 ("THRO Act"). 2. The application has been dealt with ex parte as a matter of urgency in the course of the vacation duty list. The defendant, Mr Gavin, does not have lawyers presently acting for him, has been informed of the proceedings and has elected on two occasions not to appear.

Principal Proceedings 1. An application has been made by the State by a Summons filed on 8 December 2021. The Summons seeks the imposition of an Extended Supervision Order for a period of 3 years. It seeks, as well, a number of interlocutory orders. 2. In accordance with the legislation, a preliminary hearing has been fixed to take place on 31 January 2022 before Harrison J. 3. In advance of that hearing, s 24(2) of the THRO Act requires the State to disclose to the eligible offender, here the defendant, "such documents, reports and other information as are relevant to the proceedings on the application (whether or not intended to be tendered in evidence)".