State of New South Wales v Hyde (Final) [2022] NSWSC 952

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Hyde (Final) [2022] NSWSC 952 Hearing dates: 11 July 2022 Decision date: 22 July 2022 Jurisdiction: Common Law Before: Ierace J Decision: 1) Order pursuant to ss 5B and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW) ("the Act") that the defendant be subject to an extended supervision order ("the extended supervision order") for a period of 3 years from the date when the defendant's current custody expires, pursuant to s 10(1) of the Act; 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 attached to this judgment; 3) Access to the Supreme Court's file in respect of any document shall not be granted to a non-party without the leave of a Judge of the Court, and, 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 OFFENDER – final hearing – serious sex offender – application for extended supervision order – where defendant has committed multiple offences over a number of years – where defendant has spent only two years in the community as an adult – where defendant has had minimal exposure to therapeutic programs and treatment – no controversy regarding imposition and duration of extended supervision order – dispute limited to conditions imposed – discussion of conditions regulating defendant's scheduling, accommodation, curfew and disclosure of criminal convictions Legislation Cited: Crimes Act 1900 (NSW), s 61KE Criminal Code (Cth), ss 474.19, 474.26, 474.27A Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 5, 5B, 5D, 5I, 6, 7, 9, 11 Cases Cited: State of New South Wales v Hyde (Preliminary) [2022] NSWSC 540 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Mathew Leslie Hyde (Defendant) Representation: Counsel: M Dalla-Pozza (Plaintiff) D Bhutani (Defendant)