State of New South Wales v Russell [2021] NSWSC 702

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Russell [2021] NSWSC 702 Hearing dates: 15 June 2021 Date of orders: 18 June 2021 Decision date: 18 June 2021 Jurisdiction: Common Law Before: Harrison J Decision: (1) Order pursuant to s 5C and 17(1)(b) of the Crimes (High Risk Offenders) Act 2006 that Mr Russell be the subject of a continuing detention order for a period of 12 months from 6 July 2021. (2) Order pursuant to s 20(1) of the Crimes (High Risk Offenders) Act 2006 that a warrant issue for the committal of Mr Russell to a correctional centre for the period specified in Order (1) above. Catchwords: HIGH RISK OFFENDER – serious sex offender – application for continuing detention order – availability of program in custody – safety of community – long history of incarceration and institutionalisation – history of failure to comply with supervision – high risk of future violent and sexual offending Legislation Cited: Crimes (High Risk Offenders) Act 2006 Cases Cited: 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 (Preliminary) [2019] NSWSC 1717 State of New South Wales v Russell (Final) [2020] NSWSC 396 State of New South Wales v Russell (Preliminary) [2021] NSWSC 361 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Brett Russell (Defendant) Representation: Counsel: A Mykkeltvedt (Plaintiff) S Orman-Hales (Defendant)