State of New South Wales v Wilde [2017] NSWSC 1056

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Wilde [2017] NSWSC 1056 Hearing dates: 10 August 2017 Date of orders: 10 August 2017 Decision date: 10 August 2017 Jurisdiction: Common Law Before: Campbell J Decision: Orders in accordance with short minutes of order. Catchwords: CIVIL PROCEDURE – Interlocutory applications – Interim supervision order – High risk sex offender – Whether current extended supervision order has expired – Meaning of "in lawful custody" in s 10(2) Crimes (High Risk Offenders) Act 2006 (NSW) – Held that time spent in custody bail refused was "lawful custody" – Whether the matters alleged, if proved, justify the making of a high risk sex offender extended supervision order – Interim supervision order granted Legislation Cited: Bail Act 2013 (NSW) Crimes Act 1900 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Criminal Procedure Act 1986 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Lynn v State of New South Wales [2016] NSWCA 57 State of New South Wales v Wilde [2014] NSWSC 305 Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) Mr John Alan Wilde (Defendant) Representation: Counsel: Ms D New (Plaintiff) Defendant self-represented Solicitors: Crown Solicitor (Plaintiff) File Number(s): 2017/237568 Publication restriction: Nil

EX TEMPORE Judgment (REVISED) 1. By summons filed 4 August 2017 the State of New South Wales ("the State") seeks a third extended supervision order ("ESO") in respect of the defendant, Mr Wilde, under the provisions of the Crimes (High Risk Offenders) Act 2006 (NSW) ("the Act"). I am required to decide whether an interim order should be made under the provisions of section 10A of the Act. 2. Mr Wilde, who is self-represented today, has raised a preliminary question about the Court's power to make any order, whether final or interim, in his case. The question turns upon the provisions of section 5I and section 10 of the legislation.