State of New South Wales v Russell (Preliminary) [2022] NSWSC 843

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Russell (Preliminary) [2022] NSWSC 843 Hearing dates: 22 June 2022 Decision date: 28 June 2022 Jurisdiction: Common Law Before: Button J Decision: (1) An order pursuant to s 15(4) of the Crimes (High Risk Offenders) Act 2006 (NSW) ("the Act"): (a) Appointing two qualified psychiatrists and/or registered psychologists (or any combination of two such persons) to conduct separate psychiatric and/or psychological examinations of the defendant and to furnish reports to the Supreme 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 s 18A of the Act that the defendant be subject to an interim detention order for a period of 28 days commencing from midnight on 5 July 2022. (3) An order pursuant to s 20(1) of the Act that the Court issue a warrant for the committal of the defendant to a correctional centre for the duration of the interim order referred to in order (2). Catchwords: HIGH RISK OFFENDER – application for mandatory psychiatric and psychological examinations and interim detention order pursuant to Crimes (High Risk Offenders) Act 2006 (NSW) – counsel for the defendant conceded the making of an interim supervision order but opposed an interim detention order – extensive history of incarceration for sexual offences and other violence, and breaches of conditional liberty – inevitable institutionalisation of older prisoner - recent allegation of violence in gaol awaiting resolution – plaintiff amended summons to interim detention order from interim supervision order in response – mandatory examinations and interim detention order imposed Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: State of New South Wales v Russell (Preliminary) [2018] NSWSC 1396 State of New South Wales v Russell (Final) [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 State of New South Wales v Russell (Final) [2021] NSWSC 702 Category: Procedural rulings Parties: State of New South Wales (Plaintiff) Brett Thomas Russell (Defendant) Representation: Counsel: A Mykkeltvedt (Plaintiff) J Lucy (Defendant)