Police v EO (a pseudonym) [2022] NSWLC 27

Local Court New South Wales

Medium Neutral Citation: Police v EO (a pseudonym) [2022] NSWLC 27 Hearing dates: 16 February 2022 Decision date: 23 February 2022 Jurisdiction: Criminal Before: O'Brien LCM Decision: See under Determination Catchwords: CRIME — Application for Child Protection Registration Order Legislation Cited: Crimes Act 1900 (NSW), ss 35(2), 59(1) Child Protection (Offenders Registration) Act 2000 (NSW), ss 3AA(1), 3AA(3), 3E Cases Cited: O'Neill v Commissioner of Police [2020] NSWSC 1805 Category: Principal judgment Parties: NSW Police (Applicant) EO (Respondent) Representation: Solicitors: Sergeant Novatin (Applicant) Mr Hibbard (Respondent) File Number(s): 2020/00314175 Publication restriction: In this judgment, the respondent and the victim are referred to by pseudonyms, and information that could lead to the identification of the respondent or the victim has been redacted. The name of the respondent and the name of the victim are not to be published, nor is any other material that could lead to the identification of the respondent or the victim: s 7 Court Suppression and Non-Publication Orders Act 2010 (NSW).

JUDGMENT 1. EO, the respondent, was convicted in the District Court of New South Wales of recklessly cause grievous bodily harm (DV) contrary to the provisions of section 35(2) of the Crimes Act 1900 (the "Act"). There were two Form 1 offences each of assault occasioning actual bodily harm (DV) contrary to section 59(1) of the Act. The victim in each case was the respondent's 12 week old daughter, FO. 2. Following his conviction, the respondent was, on 1 October 2019, sentenced to a term of 4 years and 6 months full time custody. Mr Hibbard for the respondent informed the court that the non-parole period is set to expire in July this year. 3. A non-publication order applies to these proceedings and it is for this reason that the respondent and the victim are referred to by pseudonym initials. 4. The prosecution has brought the current application pursuant to the Child Protection (Offenders Registration) Act 2000 (the "CPOR Act") seeking what is described as a Child Protection Registration Order (CPRO). The application is opposed. 5. I have reduced my reasons to writing so that they are clear for the assistance of both the applicant and the respondent.