State of New South Wales v Noack [2017] NSWCA 144

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: State of New South Wales v Noack [2017] NSWCA 144 Hearing dates: 20 June 2017 Date of orders: 20 June 2017 Decision date: 21 June 2017 Before: Gleeson JA; Leeming JA; Simpson JA Decision: (1) Notice of motion filed 19 June 2017 dismissed, with costs. (2) Summons filed 19 June 2017 dismissed, with costs. Catchwords: CRIMINAL LAW – high risk violent offender – primary judge made interim supervision order but declined to make interim detention order – application for leave to appeal – leave refused Legislation Cited: Crimes Act 1900 (NSW), s 35 Crimes (High Risk Offenders) Act 2006 (NSW), ss 6, 12, 13C, 15, 18B, 18C Supreme Court Act 1970 (NSW), s 101 Cases Cited: Attorney General (Qld) v Francis [2007] 1 Qd R 396; [2006] QCA 324 Attorney-General of New South Wales v Tillman [2007] NSWSC 605 State of New South Wales v Donovan (2015) 90 NSWLR 389; [2015] NSWCA 280 Category: Principal judgment Parties: State of New South Wales (Applicant) Justin Peter Noack (Respondent) Representation: Counsel: G Craddock SC and C McGorey (Applicant) D O'Neill (Respondent)

Solicitors: Crown Solicitor (Applicant) Legal Aid (Respondent) File Number(s): 2017/183516 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Common Law Division Citation: State of New South Wales v Noack [2017] NSWSC 782 Date of Decision: 16 June 2017 Before: Lonergan J File Number(s): 2017/111501