State of New South Wales v Wilmot [2019] NSWSC 1002

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Wilmot [2019] NSWSC 1002 Hearing dates: 21 June 2019 Date of orders: 21 June 2019 Decision date: 21 June 2019 Jurisdiction: Common Law Before: Lonergan J Decision: (1) I revoke the interim non-publication orders made on 17 June 2019; (2) The defendant's notice of motion filed in court on 17 June 2019 is dismissed Catchwords: SUPPRESSION ORDERS – Court Suppression and Non-Publication Orders Act 2010 – interim orders previously made pursuant to s 10 of the Act on limited basis in the absence of properly prepared application and evidence set aside - high risk sex offender – defendant's application for orders opposed by the Crown – notice of motion dismissed Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) Court Suppression and Non-Publication Orders Act 2010 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) Wayne Wilmot (Defendant) Representation: Counsel: D Kell SC with E Sullivan (Plaintiff) P White (Defendant)

Solicitors: Crown Solicitor's Office (Plaintiff) Legal Aid (NSW) (Defendant) File Number(s): 2019/97095 Publication restriction: Nil

Judgment 1. HER HONOUR: On 17 June 2019 in the context of an application under the Crimes (High Risk Offenders) Act 2006, I dealt with a late and inadequate application for suppression orders, and in the alternative, interim non-publication orders pursuant to s 10 of the Court Suppression and Non-Publication Orders Act 2010 (NSW) (the Act). 2. I made interim orders (with short reasons provided to the parties) because the circumstances and gamut of previous orders made in other Courts was unclear and due to the lateness of the application and the disorganised way in which it was presented, there was insufficient material upon which to properly assess the basis and merit of the application. 3. Three affidavits from the solicitor for the defendant have been tendered and I have been provided with written submissions from both parties.