State of New South Wales v Russell (Preliminary) [2021] NSWSC 361

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Russell (Preliminary) [2021] NSWSC 361 Hearing dates: 29 March and 06 April 2021 Date of orders: 09 April 2021 Decision date: 09 April 2021 Jurisdiction: Common Law Before: Cavanagh J Decision: I make the following orders: (1) An order pursuant to s15(4) of the Crimes (High Risk Offenders) Act 2006 ("the Act"): (a) Appointing two qualified psychiatrists or a qualified psychiatrist and a registered psychologist to conduct separate psychiatric and/or psychological examinations of the defendant, as the case may be, and to furnish reports to the Court on the results of those examinations by a date to be fixed by the Court; and (b) Directing the defendant to attend those examinations.

(2) An order pursuant to sections 18A and 18C(1)(a) of the Act that the defendant be subject to an interim detention order for a period of 28 days from midnight on 14 April 2021 ("the interim detention order").

(3) An order pursuant to section 20(1) of the Act that a warrant be issued for the committal of the defendant to a correctional centre for the duration of the interim detention order referred to in paragraph 2 above. (4) An order that access to the Court's file in respect of any document shall not be granted to a non-party without the leave of a judge of the Court, and, if any application for access is made by a non-party in respect of any document, the parties are to be notified by the Registrar so as to allow them to be heard in relation to the application for access. Catchwords: HIGH RISK OFFENDERS – Preliminary hearing - Serious sex offender – Interim detention order – Assessment of risk Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: Jones v State of New South Wales [2020] NSWCA 202 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 State of New South Wales v Holschier (No 2) [2018] NSWSC 1921 State of New South Wales v Monteiro (aka Lowe) (No 3) (Preliminary) [2020] NSWSC 350 State of New South Wales v Russell (Preliminary) [2018] NSWSC 1396 State of New South Wales v Russell [2018] NSWSC 1880 State of New South Wales v Russell (Final) [2020] NSWSC 396 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 State of New South Wales v Sturgeon [2019] NSWSC 559 State of New South Wales v Wilmot (Preliminary) [2019] NSWSC 776 Category: Procedural rulings Parties: State of New South Wales (Plaintiff) Brett Russell (Defendant) Representation: Counsel: D New (Plaintiff) S Orman-Hales (Defendant)