State of New South Wales v Russell [2022] NSWSC 1034

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Russell [2022] NSWSC 1034 Hearing dates: 2 August 2022 Date of orders: 2 August 2022 Decision date: 02 August 2022 Jurisdiction: Common Law Before: Davies J Decision: 1. Pursuant to ss 18C(1) and (2) of the Crimes (High Risk Offenders) Act 2006 (NSW) ("the Act"), the interim detention order imposed by Justice Button on 28 June 2022 is renewed for a period of 28 days commencing from midnight on 2 August 2022 and expiring on 30 August 2022. 2. Pursuant to s 20(1) of the Act, the Court orders the issue of a warrant for the committal of the defendant to a correctional centre for the duration of the interim detention order referred to in order (1). Catchwords: HIGH RISK OFFENDERS – interim detention order – renewal after 28 days – whether court is required to make fresh independent decision – where no change of circumstances since order made – whether court can review reasons for the earlier order – order for renewal made Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) ss 5C, 18A, Cases Cited: Brimaud v Honeysett Instant Print Pty Limited (1988) 217 ALR 44 State of New South Wales v Banks (Preliminary) [2021] NSWSC 1246 State of New South Wales v King [2022] NSWSC 918 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 State of New South Wales v Russell (Preliminary) [2022] NSWSC 843 Texts Cited: Nil Category: Procedural rulings Parties: State of New South Wales (Plaintiff) Brett Thomas Russell (Defendant) Representation: Counsel: A Mykkeltvedt (Plaintiff) Dr J Lucy (Defendant)