State of New South Wales v WXN1 (Preliminary) [2023] NSWSC 883

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v WXN1 (Preliminary) [2023] NSWSC 883 Hearing dates: 20 July 2023 Date of orders: 28 July 2023 Decision date: 28 July 2023 Jurisdiction: Common Law Before: N Adams J Decision: See [94] Catchwords: HIGH RISK OFFENDERS – Preliminary hearing – application for an interim supervision order – serious sexual offender – defendant currently on an extended supervision order – parties agree that the existing ESO was made prematurely in light of the decision of Cornwall – ESO remains valid and must be followed until it is revoked or expired – no breaches of existing ESO however defendant has made little progress – application granted – scheduling conditions removed Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW) Child Protection (Offenders Prohibition Orders) Act 2004 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Crimes Act 1914 (Cth) Cases Cited: Attorney General (NSW) v Hayter [2007] NSWSC 983 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 Monteiro v R [2022] NSWCCA 37 Papas v Grave [2013] NSWCA 308 State of New South Wales v Burns [2014] NSWSC 1014 State of New South Wales v Conway [2011] NSWSC 976 State of New South Wales v Cornwall (Preliminary) [2022] NSWSC 278 State of New South Wales v Kable (2013) 298 ALR 144; (2013) HCA 26 State of New South Wales v NW [2019] NSWSC 415 State of New South Wales v Pacey (Final) [2015] NSWSC 1983 State of New South Wales v Rush [2022] NSWSC 608 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 State of New South Wales v Thomas [2010] NSWSC 677 State of NSW v WXN1 [2020] NSWSC 993 Category: Principal judgment Parties: State of New South Wales (Plaintiff) WXN1 (Defendant) Representation: Counsel: P Aitken (Plaintiff) J Wilcox (Defendant)