State of New South Wales v Hackett (Preliminary) [2022] NSWSC 417

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Hackett (Preliminary) [2022] NSWSC 417 Hearing dates: 1 April 2022 Date of orders: 8 April 2022 Decision date: 08 April 2022 Jurisdiction: Common Law Before: N Adams J Decision: (1) Pursuant to ss 10A and 10C of the Crimes (High Risk Offenders) Act 2006 (NSW), the defendant is to be subject to an interim supervision order for a period of 28 days commencing on the expiry of the defendant's current extended supervision order. (2) Pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 (NSW): (a) The Court appoints two qualified psychiatrists and/or registered psychologists (or any combination of two such persons) to conduct separate psychiatric and/or psychological examinations of the defendant and to furnish reports to the Court on the results of those examinations by a date to be fixed. (b) The defendant is directed to attend those examinations. (3) Pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW), the defendant is directed to comply with the conditions set out in the Schedule to these orders for the period of the supervision order referred to in Order 1 above. (4) Access to the court file in respect of any document in this proceeding shall not be granted to a non-party without the leave of a judge of the Court. If any application for access is made by a non-party in respect of any document, the parties are to be notified by the Registrar, so as to allow them an opportunity to be heard in relation to the application for access. Catchwords: HIGH RISK OFFENDERS – Preliminary hearing – application for interim supervision order – serious sexual offending – unstable mental health – substance abuse (methamphetamine) – breaches of existing ESO – consideration of statutory criteria – electronic monitoring – more onerous conditions than existing ESO not warranted – application granted Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Mental Health Act 2007 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Attorney General (NSW) v Hayter [2007] NSWSC 983 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Lynn v State of New South Wales [2016] NSWCA 57 State of New South Wales v Matthews AKA Hackett (Preliminary) [2019] NSWSC 770 State of New South Wales v Matthews (AKA Hackett) (Final) [2019] NSWSC 1360 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 State of New South Wales v Sturgeon [2019] NSWSC 559 State of NSW v McQuilton (Final) [2019] NSWSC 265 Wilde v State of New South Wales [2015] NSWCA 28; 249 A Crim R 65 Category: Procedural rulings Parties: State of New South Wales (Plaintiff) Kain (AKA Darren) Alexie Hackett (Defendant) Representation: Counsel: Ms L Johnston (Plaintiff) Ms B O'Reilly (Defendant)