Commissioner of Police v Cole [2018] NSWSC 517

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of Police v Cole [2018] NSWSC 517 Hearing dates: 11 April 2018 Date of orders: 27 April 2018 Decision date: 27 April 2018 Jurisdiction: Common Law Before: Davies J Decision: (1) An order pursuant to s 5(1) of the Crimes (Serious Crime Prevention Orders) Act 2016 (NSW) that each of the first, second, third, fourth and fifth defendants be subject to a serious crime prevention order for a period of 12 months from the date of this order.

(2) An order pursuant to s 6 of the Crimes (Serious Crime Prevention Orders) Act 2016 (NSW) that each of the first, second, third, fourth and fifth defendants comply with the conditions set out below: Restrictions

1. The first, second, third, fourth and fifth defendants are restricted from:

a. Approaching, contacting or associating directly or indirectly with any member or prospect of any Outlaw Motor Cycle Gang (OMCG) including any form of communication whether written, oral or electronic communication (that is, via telephone, text message or other social media) or communication through a third party. For the purposes of compliance, the defendants are to produce their mobile phone or other communication device at the request of police along with any relevant passwords attached to those devices. b. Travelling in any vehicle between the hours of 9pm to 6am except in the case of a genuine medical emergency; c. Attending or approaching any of the following premises:

i. Any premises known or suspected by the defendant to be resided in by any member, nominee or prospect of the Finks OMCG or member or prospect of any other OMCG; ii. Any place of work known or suspected by the defendant to employ any member or prospect of the Finks OMCG or member, nominee or prospect of any other OMCG; iii. Any other location known or suspected by the defendant to be occupied or frequented by any member or prospect of the Finks OMCG or any member, nominee or prospect of any other OMCG, including but not limited to a clubhouse.