NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: State of NSW v Clarke [2019] NSWSC 411 Hearing dates: 21 March 2019 Date of orders: 12 April 2019 Decision date: 12 April 2019 Jurisdiction: Common Law Before: Fullerton J Decision: 1. Summons dismissed. 2. Plaintiff to pay the defendant's costs. Catchwords: HIGH RISK OFFENDER – preliminary hearing – where the State seeks an order that the defendant be subject to an extended supervision order – orders opposed – whether matters alleged in the supporting documentation would, if proved, justify the making of extended supervision order – summons dismissed Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW) Children (Criminal Proceedings) Act 1987 (NSW) Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Code Act 1995 (Cth) Crimes (High Risk Offenders) Amendment Act 2017 (NSW) Cases Cited: State of NSW v Ceissman [2018] NSWSC 508 State of NSW v Pacey [2015] NSWSC 1983 Tillman v Attorney-General (NSW) [2007] NSWCA 327; 70 NSWLR 448 Category: Principal judgment Parties: State of New South Wales (Plaintiff) William James Clarke (Defendant) Representation: Counsel: J Emmett (Plaintiff) T Edwards (Defendant)
Solicitors: Crown Solicitor's Office (Plaintiff) Legal Aid NSW (Defendant) File Number(s): 2018/385026
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