Winters v Attorney General of New South Wales [2008] NSWCA 33

Reported Decision: 182 A Crim R 107

New South Wales Court of Appeal

CITATION: Winters v Attorney General of New South Wales [2008] NSWCA 33

HEARING DATE(S): 13 December 2007

JUDGMENT DATE: 18 March 2008

JUDGMENT OF: Mason P at 1; Giles JA at 37; Hodgson JA at 84

DECISION: Appeal dismissed.

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) – Whether primary judge erred in finding that adequate supervision could not be provided – Supervision required individual counselling sessions – Whether evidence that the State would not fund these sessions was admissible – Whether primary judge erred in finding that the State would not fund these sessions – Whether the proceedings were an abuse of process.

Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Crimes (Serious Sex Offenders) Act 2006 (NSW) ss 3-5, 10-14, 17-20, 21-22 Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) Law Enforcement and Other Legislation Amendment Act 2007

CATEGORY: Principal judgment

Attorney General for the State of Queensland v Francis at first instance [2005] QSC 381; and on appeal [2006] QCA 324, [2007] 1 QdR 396 Cornwall v Attorney General for NSW [2007] NSWCA 374 DPP (WA) v Mangolamara [2007] WASC 71; (2007) 169 A Crim R 379 Director of Public Prosecutions (WA) v Williams [2007] WASCA 206 CASES CITED: Director of Public Prosecutions (WA) v Williams [2007] WASC 95 Fardon v State of Queensland [2004] HCA 46, (2004) 223 CLR 575 Kable v Director of Public Prosecutions (NSW) (1997) 189 CLR 51 New South Wales v The Commonwealth (No 1) (1932) 46 CLR 155 New South Wales v Bardolph (1933) 52 CLR 455 Tillman v Attorney General for the State of New South Wales [2007] NSWCA 327