ATTORNEY GENERAL FOR THE STATE OF NEW SOUTH WALES v CORNWALL [2007] NSWSC 1082

New South Wales Supreme Court

CITATION : ATTORNEY GENERAL FOR THE STATE OF NEW SOUTH WALES v CORNWALL [2007] NSWSC 1082 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 23, 24, 27, 28 August 2007; 24, 26, 27 September 2007

JUDGMENT DATE : 28 September 2007

JURISDICTION : Common Law

JUDGMENT OF : Hall J at 1

DECISION : 1. Pursuant to s.17(1) of the Crimes (Serious Sex Offenders) Act 2006, Raymond Barry Cornwall is to be detained in a correctional centre for a period of eight months from the date of this order (27 September 2007). 2. Pursuant to s.20(1) of that Act, I issue a warrant for the committal of Raymond Barry Cornwall to a correctional centre for the duration of the continuing detention order referred to in order [1] above.

CATCHWORDS : Serious sex offender – Crimes (Serious Sex Offenders) Act 2006 (NSW) – application for extended supervision order or continuing detention order – Custody Based Intensive Treatment program not completed by offender – Legislative scheme – the construction of s.17(3) and the nature of the test under that provision – meaning of the word "likely" – standard of proof – high degree of probability – whether offender likely to commit a further serious sex offence – whether adequate supervision would be provided by an extended supervision order – Psychiatric and psychological assessment of offender – whether possible to predict risk of re-offending – actuarial assessment – dynamic risk factors – whether proposed risk management plan adequate – defence barriers

Crimes (Serious Sex Offenders) Act 2006 LEGISLATION CITED : Crimes Act 1900 Child Protection (Offenders Registration) Act 2000 Child Protection (Offenders Prohibition Orders) 2004