State of New South Wales v Baldwin [2019] NSWSC 1882

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Baldwin [2019] NSWSC 1882 Hearing dates: 13 December 2019 Date of orders: 19 December 2019 Decision date: 19 December 2019 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) Pursuant to s 5B and s 9(1)(c) of the Crimes (High Risk Offenders) Act 2006, the defendant, Wayne Norman Baldwin, be subject to an Extended Supervision Order ("ESO") for a period of two years from the date of these orders.

(2) Pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006, direct the defendant, for the period of the ESO, to comply with the conditions set out in Annexure A to these orders.

(3) Access to the Court file not be granted to a non-party to the proceedings without the leave of a Judge of the Court, save as to the following documents:

(a) all Court orders; (b) all reasons for judgment; (c) transcript of the proceedings; (d) written submissions; (e) the text of any affidavit read in the proceedings other than the Victim Statement dated 10 December 2019. Catchwords: HIGH RISK OFFENDERS – application for an Extended Supervision Order – defendant has multiple convictions for sexual abuse of young boys – second supervision order – intrusive conditions – risk posed – community safety paramount – privilege against self-incrimination – conditions requiring consent to search and seizure – whether engages privilege – whether privilege abrogated by statute – clear statement rule Legislation Cited: Child Protection (Offenders Registration) Act 2000 Crimes (High Risk Offenders) Act 2006 Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Cases Cited: Anton Piller KG v Manufacturing Processes Limited [1976] 1 Ch D 55 Coco v The Queen (1994) 179 CLR 427; [1994] HCA 15 Electrolux Home Products Pty Limited v Australian Workers' Union (2004) 221 CLR 309; [2004] HCA 40 Environmental Protection Authority v Caltex (1993) 178 CLR 477 Gemmell v Le Roi Homestyle Cookies Pty Limited (in liq) (2014) 46 VR 583 Long v Specifor Publications Pty Limited (1988) 44 NSWLR 545 Lynn v State of New South Wales [2016] NSWCA 57 Meneses v Directed Electronics OE Pty Limited [2019] FCAFC 190 R v Wayne Baldwin [2004] NSWCCA 21 State of New South Wales v Baldwin [2016] NSWSC 1141 State of New South Wales v Baldwin [2016] NSWSC 1498 State of New South Wales v BG [2019] NSWSC 200 State of New South Wales v Dillon [2018] NSWSC 1626 State of New South Wales v Grooms (Final) [2019] NSWSC 353 State of New South Wales v John Owen Conway [2011] NSWSC 976 State of New South Wales v John Raymond Holschier [2016] NSWSC 234 State of New South Wales v McQuilton [2019] NSWSC 265 State of New South Wales v Sleeman [2018] NSWSC 562 State of New South Wales v Steven Single [2019] NSWSC 176 State of New South Wales v TT [2018] NSWSC 358 State of NSW v Wayne Norman Baldwin [2019] NSWSC 1327 X7 v Australian Crime Commission (2013) 248 CLR 92; [2013] HCA 29 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Wayne Norman Baldwin (Defendant) Representation: Counsel: S Climo (Plaintiff) A Hughes; J Lucy (Defendant)