State of New South Wales v Delaporte [2022] NSWSC 436

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Delaporte [2022] NSWSC 436 Hearing dates: 04 April 2022 Date of orders: 27 April 2022 Decision date: 27 April 2022 Jurisdiction: Common Law Before: Garling J Decision: See [64] Catchwords: HIGH RISK OFFENDERS — interim supervision orders — interim supervision order agreed — conditions disputed Legislation Cited: Crimes (High Risk Offenders) Act 2006 Cases Cited: Attorney General for NSW v Kapeem bht Jennifer Thompson (Preliminary) [2018] NSWSC 619 Attorney General for NSW v Tillman [2007] NSWCA 119 Attorney General for NSW v Winters [2007] NSWSC 611 State of NSW v Delaporte [2014] NSWSC 1395 State of NSW v Lynn [2013] NSWSC 1147 State of NSW v Thomas (Preliminary) [2011] NSWSC 118 Texts Cited: Not Applicable Category: Procedural rulings Parties: State of New South Wales (P) Jason Aaron Delaporte (D) Representation: Counsel: P Aitken (P) G Marsden (D)

Solicitors: Crown Solicitors Office (P) NSW Legal Aid (D) File Number(s): 2014/219799; 2021/356714 Publication restriction: Access to Court file not permitted without leave of this Court.

Judgment 1. On 14 December 2021, the State of NSW ("the State") commenced proceedings against Jason Delaporte claiming by way of final relief, an order pursuant to ss 5B and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 ("the Act") that he be subject to an Extended Supervision Order ("ESO") for a period of three years. 2. In that Summons, the State also sought relief pursuant to s 7(4) of the Act appointing two suitably qualified experts to examine the defendant and report to the Court. Finally, the State sought the imposition of an Interim Supervision Order ("ISO") for a period "… commencing on the expiry date of the defendant's current extended supervision order". 3. This judgment deals with the making of those interlocutory orders.