Attorney General for the State of New South Wales v Wilde [2007] NSWSC 1490

New South Wales Supreme Court

CITATION : Attorney General for the State of New South Wales v Wilde [2007] NSWSC 1490 This decision has been amended. Please see the end of the judgment for a list of the amendments.

11 December 2007 HEARING DATE(S) : 12 December 2007 13 December 2007 14 December 2007

JUDGMENT DATE : 20 December 2007

JUDGMENT OF : Price J at 1

DECISION : 1. That John Alan Wilde pursuant to s 16(1) of the Crimes (Serious Sex Offenders) Act 2006 be detained at a Correctional Centre on an interim basis for a period of 28 days from 28 December 2007 expiring 24 January 2008. Pursuant to s 20(1) of the Crimes (Serious Sex Offenders) Act 2006 that a warrant issue for the committal of John Alan Wilde to a Correctional Centre for the period specified in order 1. 3. Direct that the Director, Offender Services and Programs for the New South Wales Department of Corrective Services or some other suitable person as may be nominated by the Director develop a risk management plan for Mr Wilde in conjunction with his legal representatives. The plan is to be finalised on or before Wednesday 16 January 2008. 4. Any further affidavits are to be filed and served on or before Tuesday 15 January 2008. 5. Summons stood over for further hearing on Thursday 17 January 2008. 6. Liberty to apply on 24 hours notice. 7. Recommend that Mr Wilde be held in custody in accordance with his classification as a minimum security prisoner. 8. Section 77 order to issue to ensure the defendant is before the Court on Thursday 17 January 2008.

CATCHWORDS : Serious sex offender - application for continuing detention order - likely to commit further serious sex offence - no onus to establish that the offender is of the very worst case - application not an abuse of process - lack of consideration of potential conditions of release under supervision - further interim detention order.