Attorney-General for the State of New South Wales v Winters [2007] NSWSC 1071

New South Wales Supreme Court

CITATION : Attorney-General for the State of New South Wales v Winters [2007] NSWSC 1071 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 17-19 July 2007 ; 26 July 2007; 9 August 2007; 24 August 2007; 28-31 August 2007; 4 September 2007; 14 September 2007

JUDGMENT DATE : 26 September 2007

JURISDICTION : Civil

JUDGMENT OF : McClellan CJatCL

DECISION : 1. Notice of Motion filed by the defendant on 14 September 2007 is dismissed; 2. I order that Christopher Paul Winters be detained in a correctional centre for one year from today; 3. Pursuant to s 21 of the Act, I issue a warrant for the committal of Christopher Paul Winters to a correctional centre for the duration of the continuing detention order in order 2 above.

CATCHWORDS : Serious sex offender – Custody Based Intensive Treatment program not completed by offender – application for extended supervision order or continuing detention order – STATUTORY INTERPRETATION – 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 – EXPERT EVIDENCE – whether possible to predict risk of re-offending – actuarial assessment – dynamic risk factors – whether proposed management plan adequate – availability of funding to implement management plan – ABUSE OF PROCESS – motion to stay proceedings until funding available for treatment – whether the Court's discretionary option was frustrated – whether defendant received a fair hearing – unfairness in outcome or in the hearing process

LEGISLATION CITED : Crimes (Serious Sex Offenders) Act 2006