State of New South Wales v Butterfield [2021] NSWSC 11

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Butterfield [2021] NSWSC 11 Hearing dates: 7 December 2020 Date of orders: 18 January 2021 Decision date: 18 January 2021 Jurisdiction: Common Law Before: R A Hulme J Decision: Continuing detention order for a period of three years Catchwords: HIGH RISK OFFENDERS – Continuing detention orders – Unacceptable risk of committing a serious offence conceded – whether possible to make orders in terms permitting transfer to the Forensic Hospital – term of the order impacted in part by reports under s 19 of the Act not being provided to detainees or their lawyers Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW), s 225 Crimes (High Risk Offenders) Act 2006 (NSW) ss 3, 5A, 5B, 5C, 9, 17, 18 Mental Health Act 2007 (NSW), ss 14, 31 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 R v Rebecca Butterfield [2004] NSWSC 550 State of New South Wales v Donovan (2015) 90 NSWLR 389; [2015] NSWCA 280 State of New South Wales v Windle (No 3) [2017] NSWSC 727 State of New South Wales v Windle (No 4) [2017] NSWSC 1155 State of NSW v Butterfield [2016] NSWSC 925 Tannous v State of New South Wales [2020] NSWCA 261 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Rebecca Jane Butterfield (Defendant) Representation: Counsel: Ms D New (NSW) Mr M Johnston SC (Defendant)