State of New South Wales v ST (Preliminary) [2022] NSWSC 491

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v ST (Preliminary) [2022] NSWSC 491 Hearing dates: 19 November 2021 Date of orders: 1 December 2021 Decision date: 29 April 2022 Jurisdiction: Common Law Before: Ierace J Decision: Orders made on 1 December 2021: see [43] Catchwords: HIGH RISK OFFENDER – preliminary hearing – application for interim supervision order – whether unacceptable risk of committing another serious offence – where defendant charged with new offences prior to hearing of application – consideration of the effect of the fresh charges – consideration of defendant's right to silence in respect of the fresh charges Legislation Cited: Child Protection (Offenders Prohibition Orders) Act 2004 (NSW), ss 13, 17 Crimes Act 1900 (NSW), s 66EB Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 5B, 5D, 7, 9 Criminal Code (Cth) ss 474.14, 474.26, 474.27A Terrorism (High Risk Offenders) Act 2017 (NSW), s 27 Cases Cited: Attorney General for New South Wales v Tillman [2007] NSWCA 119 State of New South Wales v Elmir [2019] NSWSC 263 Category: Procedural rulings Parties: State of New South Wales (Plaintiff) ST (Defendant) Representation: Counsel: Mr M Dalla Pozza (Plaintiff) Ms R Khalilizadeh (Defendant)

Solicitors: Crown Solicitor's Office (Plaintiff) Legal Aid NSW (Defendant) File Number(s): 2021/259602 Publication restriction: Order pursuant to ss 7 and 8(1)(a) of the Court Suppression and Non-publication Orders Act 2010 (NSW) that, until the completion of the criminal proceedings against the defendant, the defendant shall be identified in connection with these proceedings by a pseudonym only, to be "ST", and that this order shall apply, until further order of the Court: