State of New South Wales v John Tozer [2016] NSWSC 1643

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v John Tozer [2016] NSWSC 1643 Hearing dates: 11 November 2016 Date of orders: 11 November 2016 Decision date: 11 November 2016 Jurisdiction: Common Law Before: Campbell J Decision: I make orders in accordance with the Short Minutes of Order Catchwords: CIVIL LAW – high risk violent offender – serious violence offence – no dispute as to application of Act or conditions of order – preliminary order made Legislation Cited: Crimes Act 1900 (NSW), s 33 Crimes (High Risk Offenders) Act 2006 (NSW), ss 5, 7, 10 Category: Procedural and other rulings Parties: Crown Solicitors Office (Plaintiff) AHA Taylor Lawyers (Defendant) Representation: Counsel: Dr H Bennett (Plaintiff) Mr E James (Defendant)

Crown Solicitors Office (Plaintiff) AHA Taylor Lawyers (Defendant) File Number(s): 2016/288566

EX TEMPORE JUDGMENT – Revised 1. The State is seeking what is commonly referred to as a "preliminary order" under the Crimes (High Risk Offenders) Act 2006 (NSW) in respect of the defendant, Mr John Tozer. 2. The State is represented by Dr Hayley Bennett of counsel and Mr Tozer is represented by Mr James of counsel. 3. There is no issue that this is an appropriate matter for the making of preliminary orders, nor is there an issue at this stage about the conditions of the order proposed by the State. 4. I have considered the evidence contained in or attached to the affidavits of Claudia Pendlebury affirmed on 27 September 2016 and 25 October 2016. 5. I have also considered Dr Bennett's comprehensive and helpful written submissions.