Commissioner of Police v Cole (No. 3) [2018] NSWSC 1617

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of Police v Cole (No. 3) [2018] NSWSC 1617 Hearing dates: 25 October 2018 Date of orders: 25 October 2018 Decision date: 25 October 2018 Jurisdiction: Common Law Before: Davies J Decision: 1. An order pursuant to s 12(1)(a) of the Crimes (Serious Crime Prevention Orders) Act 2016 (Act) that serious crime prevention order 1(b) imposed on the defendant in Commissioner of Police v Cole [2018] NSWSC 517 on 27 April 2018 be varied from:

b. Travelling in any vehicle between the hours of 9pm to 6am except in the case of a genuine medical emergency;

to instead read:

b. Travelling in any vehicle between the hours of 9pm to 6am except in the case of a genuine medical emergency except that the defendant is permitted to travel at night solely for the purpose of driving or being driven to or from lawful employment when rostered to perform lawful employment at night and during the course of his employment provided that he:

i. provide a copy of any work roster to a police officer nominated by the plaintiff, prior to the journey, and at the earliest opportunity after such roster becomes available and; ii. have in his possession when travelling at night a copy of such roster and; iii. travel to and from the lawful employment only by the most direct available. Catchwords: CRIMINAL LAW – application by police pursuant to Crimes (Serious Crime Prevention Orders) Act 2016 (NSW) – application to vary orders already made – where no change of circumstances since original orders – where defendant omitted to seek exception to restrictions to enable him to pursue lawful employment – further application made by police where satisfied that variation was legitimate Legislation Cited: Crimes (Serious Crime Prevention Orders) Act 2016 (NSW) s 12 Cases Cited: Commissioner of Police v Bowtell (No 2) [2018] NSWSC 520 Commissioner of Police v Cole [2018] NSWSC 517 Texts Cited: Nil Category: Procedural and other rulings Parties: Commissioner of Police (Plaintiff) Mitchell Alexander Cole (First Defendant) Representation: Counsel: N Regener (Plaintiff) A Taleb (Defendant)