State of New South Wales v Haouchar [2018] NSWSC 979

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Haouchar [2018] NSWSC 979 Hearing dates: 25 June 2018 Decision date: 27 June 2018 Jurisdiction: Common Law Before: Button J Decision: (1) The application of the plaintiff for an interim detention order against the defendant, Bilal Haouchar, is refused. (2) The application of the plaintiff for an interim supervision order against the defendant, Bilal Haouchar, is refused. Catchwords: HIGH RISK OFFENDER – serious offender – application for interim detention order or interim supervision order pursuant to the Crimes (High Risk Offenders) Act 2006 (NSW) – liberty of defendant currently limited only by 2 year good behaviour bond – threshold question of whether the defendant is a person upon which such orders can be imposed – statutory construction of "current custody (if any) will expire" found in s 18A(a) – construction of "current custody or supervision will expire" found in s 10A(a) – Court not empowered in the circumstances to make an interim detention order or interim supervision order – proposed orders refused Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), ss 5I, 10A, 13B, 17, 18A Cases Cited: Minogue v Victoria [2018] HCA 27 R v Haouchar [2018] NSWSC 885 Smith v Corrective Services Commission (NSW) (1980) 147 CLR 134; [1980] HCA 49 State of NSW v Haouchar [2015] NSWSC 798 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Bilal Haouchar (Defendant) Representation: Counsel: T Hammond (Plaintiff) M Johnston SC (Defendant)