State of New South Wales v SLD (Final) [2021] NSWSC 409

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v SLD (Final) [2021] NSWSC 409 Hearing dates: 18, 19 and 25 March 2021 Date of orders: 22 April 2021 Decision date: 22 April 2021 Jurisdiction: Common Law Before: Campbell J Decision: (1) Under Sections 17 and 18 Crimes (High Risk Offenders) Act 2006 (NSW) SLD is subject to a Continuing Detention Order for a period of 2 years commencing on the expiration of the Interim Detention Order on 22 April 2021 (2) Under Section 20 of the said Act, direct that a warrant issue for the committal of the said SLD to a correctional centre for the period specified in Order (1) (3) Confirm Order (5) pronounced on 14 December 2020 relating to Court file access Catchwords: HIGH RISK OFFENDERS – final hearing – application for a continuing detention order – serious violent offender – whether Court satisfied to high degree of probability defendant poses unacceptable risk of committing another serious offence if not kept in detention – antisocial personality disorder – non-completion of Violent Offenders Treatment Program in custody – absence of suitable accommodation – Duration of orders so imposed – continuing detention order imposed Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) ss 5B, 5C, 6, 7, 11, 13, 15, 17, 18A, 25B Crimes (Administration of Sentences) Act 1999 (NSW) ss 97, 198, 271(A) Child Protection (Offender Registration) Act 2000 (NSW) Child Protection (Offender's Prohibition Orders) Act 2004 (NSW) Evidence Act 1995 (NSW) Cases Cited: Attorney General for the State of New South Wales v Steadman [2016] NSWSC 174 Jones v the State of New South Wales [2020] NSWCA 202 Lynn v State of New South Wales (2016) 91 NSWLR 366; [2016] NSWCA 57 R v SLD [2002] NSWSC 758 State of New South Wales v Donovan [2015] NSWSC 1254 State of New South Wales v SLD (Preliminary) [2020] NSWSC 1803 Texts Cited: N/A Category: Principal judgment Parties: State of New South Wales (Plaintiff) SLD (Defendant) Representation: Counsel: P. Aitken (Plaintiff) E. Kerkyasharian with Ms L. Jardim (Defendant)