State of New South Wales v Heness (Preliminary) [2019] NSWSC 1710

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Heness (Preliminary) [2019] NSWSC 1710 Hearing dates: 20 November 2019 Date of orders: 05 December 2019 Decision date: 05 December 2019 Jurisdiction: Common Law Before: Fullerton J Decision: 1. The Summons is dismissed. 2. The plaintiff is 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 (Offender Prohibition Orders) Act 2004 (NSW) Child Protection (Offenders Registration) Act 2000 (NSW) Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Criminal Law Consolidation Act 1935 (SA) Evidence Act 1995 (NSW) Cases Cited: Attorney General for the State of New South Wales v Steadman [2016] NSWSC 174 State of NSW v Ceissman [2018] NSWSC 508 State of NSW v Clarke [2019] NSWSC 411 State of NSW v Pacey [2015] NSWSC 1983 State of NSW v Sturgeon [2019] NSWSC 559 State of NSW v Tiggelen [2018] NSWSC 1399 State of NSW v Williamson (No 1) [2019] NSWSC 812 State of NSW v Wilson (Preliminary) [2017] NSWSC 1367 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Peter Graham Heness (Defendant) Representation: Counsel: C McGorey (Plaintiff) S McGee (Defendant)