State of New South Wales v Heath (a pseudonym) (No 2) [2022] NSWSC 364

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Heath (a pseudonym) (No 2) [2022] NSWSC 364 Hearing dates: 14 March 2022 Date of orders: 14 March 2022 Decision date: 14 March 2022 Jurisdiction: Common Law Before: Dhanji J Decision: (1) Pursuant to s 19(1) of the Crimes (High Risk Offenders) Act 2006 ("the Act"), the interim detention order made by Harrison J on 17 December 2021, and which was for a period of 28 days from 24 February 2022, is revoked as from 9am on 15 March 2022. (2) Pursuant to s 10A of the Act, order that the defendant be subject to an interim supervision order ("the interim supervision order") for 28 days commencing 15 March 2022. (3) Pursuant to s 11 of the Act, an order directing that the defendant, for the period of the interim supervision order, comply with the conditions set out in the Schedule to the Summons filed on 12 November 2021. (4) I grant leave to the parties to approach the Court with respect to the issue of costs. Catchwords: HIGH RISK OFFENDER – final hearing – continuing detention order no longer sought – an extended supervision order sought in the alternative – accommodation found – decision reserved as to conditions of the extended supervision order – agreed orders revoking interim detention order and imposing an interim supervision order Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: State of New South Wales v Heath (a pseudonym) [2021] NSWSC 1639 Category: Procedural rulings Parties: State of New South Wales (Plaintiff) Anthony Heath (a pseudonym) (Defendant) Representation: Counsel: C Melis (Plaintiff) D Bhutani (Defendant)