State of New South Wales v Hackett (Final) [2022] NSWSC 885

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Hackett (Final) [2022] NSWSC 885 Hearing dates: 4 & 5 July 2022 Date of orders: 8 July 2022 Decision date: 08 July 2022 Jurisdiction: Common Law Before: Davies J Decision: 1. Pursuant to ss 5B and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006, order that the defendant be subject to an extended supervision order for a period of two years commencing 8 July 2022. 2. Pursuant to s 11 of the Act, direct that the defendant, for the period of the extended supervision order, comply with the conditions set out in the Schedule annexed to this judgment. See end of judgment for Schedule of Conditions of Supervision Catchwords: HIGH RISK OFFENDERS – extended supervision order – final hearing – application for further extended supervision order (ESO) for three-year period – defendant convicted of offences including serious sexual offence – subsequent sexual offending including offences against a young person – prior ESO for two year period - unstable mental health – history of substance use disorder – assessment of defendant's behaviour whilst under the ESO – whether alteration in risk – defendant breached former ESO but no serious offending or sexual reoffending – improvement in relation to substance use – where defendant still high-risk – whether further order should for two or three years - conditions of electronic monitoring and schedule of movements sought by plaintiff – where such conditions would not address defendant's risk factors – where conditions likely to be breached by defendant – inimical to rehabilitative object of the Act – more onerous conditions than former ESO not warranted – no basis shown for longer period than former ESO – ESO imposed for two-year period with conditions Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) ss 5, 5B, 5I, 9, 11 Crimes (Sentencing Procedure) Act 1999 (NSW) s 10A Mental Health (Forensic Provisions) Act 1990 (NSW) s 33(1) Terrorism (High Risk Offenders) Act 2017 (NSW) Cases Cited: State of New South Wales v Bugmy [2017] NSWSC 855 State of New South Wales v Green (Final) [2013] NSWSC 1003 State of New South Wales v Hackett (Preliminary) [2022] NSWSC 417 State of New South Wales v Hardy (Final) [2021] NSWSC 900 State of New South Wales v Matthews (AKA Hackett) (Final) [2019] NSWSC 1360 State of New South Wales v Matthews AKA Hackett (preliminary) [2019] NSWSC 770 State of New South Wales v Wilkinson (Preliminary) [2020] NSWSC 1813 Wilde v State of New South Wales [2015] NSWCA 28 Texts Cited: Nil Category: Principal judgment Parties: State of New South Wales (Plaintiff) Kain (aka Darren) Alexie Hackett (Defendant) Representation: Counsel: T Hammond (Plaintiff) B O'Reilly (Defendant)