State of New South Wales v Wilmot (Final) [2019] NSWSC 1276

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Wilmot (Final) [2019] NSWSC 1276 Hearing dates: 4, 5 and 6 September 2019 Date of orders: 24 September 2019 Decision date: 24 September 2019 Jurisdiction: Common Law Before: Lonergan J Decision: (1) Pursuant to s 17(1)(b) of the Crimes (High Risk Offenders) Act 2006 (NSW) the defendant is subject to a continuing detention order for a period of 2 years commencing on 24 September 2019 and expiring on 23 September 2021.

(2) Pursuant to s 20(1) of the Crimes (High Risk Offenders) Act 2006 (NSW) a warrant is to issue for the committal of the defendant to a correctional centre for the purpose of Order (1). Catchwords: HIGH RISK OFFENDER – final hearing – application for continuing detention order and/or extended supervision order – history of disturbing pattern of violence and violent sexual offending against unaccompanied young women – s 21A victim statements provided – court satisfied to a high degree of probability that defendant poses an unacceptable risk of committing another serious offence if not kept in detention – continuing detention order made – community safety paramount concern Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 5B, 5C, 5D, 9, 13B, 17, 18, 20, 21A Cases Cited: Lynn v State of New South Wales [2016] NSWCA 57 State of New South Wales v Barrie (Final) [2018] NSWSC 1005 State of New South Wales v Barrie (Second Final) [2019] NSWSC 1161 State of New South Wales v French (Final) [2017] NSWSC 1475 State of New South Wales v Jones [2018] NSWSC 459 State of New South Wales v Wilmot (Preliminary) [2019] NSWSC 776 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Wayne Wilmot (Defendant) Representation: Counsel: D Kell SC/E Sullivan (Plaintiff) T McDonald SC/S Climo (Defendant)