State of New South Wales v Butterfield (Preliminary) [2023] NSWSC 1377

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Butterfield (Preliminary) [2023] NSWSC 1377 Hearing dates: 9 November 2023 Decision date: 14 November 2023 Jurisdiction: Common Law Before: Ierace J Decision: (1) Pursuant to s 18A and 18C(1) of the Crimes (High Risk Offenders) Act 2006 (NSW) (the Act), the defendant is subject to an interim detention order which will commence on 17 January 2024 for a period of 28 days. (2) Pursuant to s 20(1) of the Act, a warrant is to be issued for the committal of the defendant to a correctional centre for the duration of the interim detention order. (3) Pursuant to s 15(4) of the Act two qualified psychiatrists are appointed to conduct separate psychiatric examinations of the defendant and to furnish reports to the Court on the results of those examinations. (4) The defendant is directed to attend the examinations referred to in order (3). (5) Access to the Court's file in respect of any document shall not be granted to a non-party without the leave of a judge of this Court and without prior notice to the parties by the Registrar so as to allow them an opportunity to be heard in relation to the application for access. Catchwords: HIGH RISK OFFENDER – Preliminary hearing – Application for interim detention order – Serious violence offences – Whether supporting material would if proved justify the making of a continuing detention order – Application not opposed Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 4, 5A, 5B, 5C, 5D, 13B, 14, 15, 17, 18A, 18C, 20 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), s 86 Mental Health Act 2007 (NSW) Cases Cited: State of New South Wales v Butterfield [2016] NSWSC 925 State of New South Wales v Butterfield [2021] NSWSC 11 Category: Procedural rulings Parties: State of New South Wales (Plaintiff) Rebecca Jane Butterfield (Defendant) Representation: Counsel: Ms S McGee (Plaintiff) Mr M Johnston SC (Defendant)