State of New South Wales v Russell (Final) [2022] NSWSC 1295

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Russell (Final) [2022] NSWSC 1295 Hearing dates: 19 September 2022 Date of orders: 27 September 2022 Decision date: 27 September 2022 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) Pursuant to ss 5B and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW) (the Act), the defendant is subject to an extended supervision order for a period of 4 years from 27 September 2022 to 26 September 2026. (2) Pursuant to s 11 of the Act, the defendant, for the period of the extended supervision order, is to comply with the conditions set out in the Schedule to this judgment. (3) Access to the Supreme Court's file in respect of any document shall not be granted to a non-party without 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 an opportunity to be heard in relation to the application for access. Catchwords: HIGH RISK OFFENDERS — Continuing detention orders — Matters to be considered HIGH RISK OFFENDERS — Extended supervision orders — Unacceptable risk of committing a serious offence — Relevance of conditions to risk Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Garlett v Western Australia [2022] HCA 30 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 State of New South Wales v Kaiser [2022] NSWCA 86 State of New South Wales v Osman [2021] NSWSC 124 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 (Preliminary) [2022] NSWSC 843 State of New South Wales v Russell [2018] NSWSC 1880 State of New South Wales v Russell [2021] NSWSC 702 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Brett Thomas Russell (Defendant) Representation: Counsel: K Curry (Plaintiff) J Lucy (Defendant)