State of New South Wales v Simcock (Final) [2016] NSWSC 1805

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Simcock (Final) [2016] NSWSC 1805 Hearing dates: 09 December 2016 Date of orders: 14 December 2016 Decision date: 14 December 2016 Jurisdiction: Common Law Before: Wilson J Decision: (1) Amended Summons filed 8 December 2016 dismissed. (2) No order as to costs. Catchwords: CIVIL LAW – application pursuant to the Crimes (High Risk Offenders) Act 2006 (NSW) – high risk violence offender – final hearing – whether offender poses an unacceptable risk of committing a serious violence offence – criminal record mostly comprised of summary offences or offences capable of being dealt with summarily – one serious violence offence in criminal history – unusual circumstances surrounding index serious violence offence Legislation Cited: Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: Attorney-General for the State of New South Wales v Gallagher [2006] NSWSC 340 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 State of NSW v Jai Simcock, unreported, 2 September 2016 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Jai Simcock (Defendant) Representation: Counsel: Ms H Bennett (Plaintiff) Ms A Cook (Defendant)

Solicitors: Crown Solicitor's Office (NSW) (Plaintiff) Legal Aid (NSW) (Defendant) File Number(s): 2016/240988 Publication restriction: None