NSW Caselaw
New South Wales Court of Appeal
CITATION: Cornwall v. Attorney General for New South Wales [2007] NSWCA 374
HEARING DATE(S): 13 December 2007
JUDGMENT DATE: 19 December 2007
JUDGMENT OF: Mason P at 1; Giles JA at 1; Hodgson JA at 1
DECISION: 1. Appeal allowed with costs. 2. Set aside the orders made by the Court on 27 September 2007 and in lieu thereof, order: That pursuant to s.17(1)(a) of the Crimes (Serious Sex Offenders) Act 2006 the appellant be directed, for a period of 5 years from the date of this order, to comply with the following orders, oversight of which is to be administered by an appointed representative of the Department of Corrective Services (the Department) in consultation with an appointed representative of the Community Forensic Mental Health Service (CFMHS): (for conditions see par.[39] of judgment).
CATCHWORDS: CRIMINAL LAW - Serious sex offender - Application for continuing detention order - Requirements of s.17(3) of the Crimes (Serious Sex Offenders) Act 2006 (NSW) - Requirement that the Court be satisfied to a high degree of probability that adequate supervision will not be provided by an extended supervision order - Onus of proof.
LEGISLATION CITED: Crimes (Serious Sex Offenders) Act 2006 Law Enforcement & Other Legislation Amendment Act 2007
Attorney-General for the State of New South Wales v. Winters [2007] NSWSC 1071 Tillman v. Attorney-General for the State of New South Wales [2007] NSWCA 327 CASES CITED: TSL v. Secretary to the Department of Justice (2006) 14 VR 109 Veen v. The Queen (1979) 143 CLR 458 Veen v. The Queen (No.2) (1988) 164 CLR 465
PARTIES: Raymond Barry Cornwall - appellant The Attorney General for New South Wales - respondent
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