State of New South Wales v Hyde (Preliminary) [2022] NSWSC 540

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Hyde (Preliminary) [2022] NSWSC 540 Hearing dates: 2 May 2022 Date of orders: 5 May 2022 Decision date: 05 May 2022 Jurisdiction: Common Law Before: Schmidt AJ Decision: The State to file and serve short minutes of orders reflecting the conclusions by 4pm tomorrow, 6 May 2022. Catchwords: HIGH RISK OFFENDERS — application for interim supervision order and for examination by court-appointed psychiatrists/psychologists — nature of statutory test — whether defendant poses an unacceptable risk of further serious offending if not subject to ongoing supervision where he has committed only one serious sex offence — risk established — how appropriate conditions should be devised — orders made Legislation Cited: Child Protection (Offenders Prohibition Orders) Act 2004 (NSW) Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Criminal Code Act (Cth) Cases Cited: Attorney General for the State of New South Wales v Tillman [2007] NSWCA 119 Attorney-General for NSW v Winters [2007] NSWSC 611 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Hughes v National Trustees Executors and Agency Co of Asia Ltd (1979) 143 CLR 134; [1979] HCA 2 Lynn v State of New South Wales [2016] 91 NSWLR 636; NSWCA 57 Singer v Berghouse (1994) 181 CLR 201; [1994] HCA 40 State of New South Wales v CD (Preliminary) [2021] NSWSC 1396 State of New South Wales v DK [2018] NSWSC 1947 State of New South Wales v Donovan (2015) 90 NSWLR 389; [2015] NSWCA 280 State of New South Wales v Golding (Preliminary) [2018] NSWSC 1041 State of New South Wales v Grooms (Final) [2019] NSWSC 353 State of New South Wales v Lynn [2013] NSWSC 1147 State of New South Wales v Mills (No 2) [2017] NSWSC 1442 State of New South Wales v Paton [2020] NSWSC 1707 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 State of New South Wales v Single {2019] NSWSC 176 State of New South Wales v Thurston [2017] NSWSC 1760 Vigolo v Bostin (2005) 221 CLR 191; [2005] HCA 11 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Mathew Leslie Hyde (Defendant) Representation: Counsel: M Dalla-Pozza (Plaintiff) D Bhutani (Defendant) Solicitors: Crown Solicitors (Plaintiff Legal Aid (Defendant) File Number(s): 2022/59540