State of New South Wales v Haines (Final) [2023] NSWSC 1202

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Haines (Final) [2023] NSWSC 1202 Hearing dates: 16 August 2023 Date of orders: 16 August 2023 Decision date: 13 October 2023 Jurisdiction: Common Law Before: Fagan J Decision: (1) The order made by Dhanji J that the defendant be referred to in these proceedings by a pseudonym is varied to the extent that it shall not apply to this judgment and its publication and dissemination. (2) Order pursuant to sections 5B and 9(1)(b) of the Crimes (High Risk Offenders) Act 2006 that the defendant be subject to an extended supervision order from 13 October 2023 for period of 3 years. (3) Order pursuant to sections 11 of the Crimes (High Risk Offenders) Act 2006 that the defendant comply with the conditions set out in the schedule to the reasons for decision for the duration of order (2). Catchwords: HIGH RISK OFFENDER – application for extended supervision order pursuant to s 9 of the Crimes (High Risk Offenders) Act 2006 (NSW) – defendant 58 year old woman with a moderate intellectual disability and schizo-affective disorder – history of drug use and violent offending including murder – behaviour whilst incarcerated and on conditional liberty hostile and unpredictable – unacceptable risk of committing further serious violence offences Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Children (Criminal Proceedings) Act 1987 (NSW) Court Suppression and Non-publication Orders Act 2010 (NSW) Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: R v Brenda Haines [2015] NSWSC 390 Haines v R [2016] NSWCCA 90 Category: Principal judgment Parties: State of New South Eales (Plaintiff) Brenda Haines (Defendant) Representation: Counsel: I Fraser (Plaintiff) J Wilcox (Defendant)