NSW Caselaw
New South Wales Supreme Court
CITATION : ATTORNEY GENERAL FOR THE STATE OF NEW SOUTH WALES v QUINN [2007] NSWSC 873
HEARING DATE(S) : 16, 17, 18 and 25 July 2007
JUDGMENT DATE : 10 August 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, the defendant is to be detained in a correctional centre for one year from the date of this order (10 August 2007). (2) Pursuant to s.20(1) of that Act, I issue a warrant for the committal of the defendant to a correctional centre for the duration of the continuing detention order referred to in (1).
CATCHWORDS : Criminal law – Crimes (Serious Sex Offenders) Act 2006 (NSW) – application for continuing detention order – nature of the statutory standard prescribed as to the probability that a particular offender is "likely" to commit a further serious sex offence - s.17(3) of the Act – the construction of s.17(3) and the nature of the test under that provision – judgment of the Court (Bell J in Attorney-General of NSW v Tillman [2007] NSWSC 605 in relation to the construction of s.17(3) followed and applied – recommendations made for the administration of appropriate therapeutic and other assistance to assist the defendant's rehabilitation, that being one of the objects of the Act and for the development of a management plan for the future release of the defendant
Crimes (Serious Sex Offenders) Act 2006 LEGISLATION CITED : Crimes Act 1900 The Serious Sex Offenders' Monitoring Act 2005 (Vic) Interpretation Act 1987
Attorney-General for the State of New South Wales v Gallagher [2006] NSWSC 340 Attorney General for the State of NSW v Quinn [2007] NSWSC 456 Attorney General for New South Wales v Tillman [2007] NSWSC 605 Boughey v The Queen (1986) 161 CLR at 10 CIC Insurance Limited v Bankstown Football Club Limited (1997) 187 CLR 384 at 408 CASES CITED : La Macchia v Minister for Primary Industries and Energy (1992) 110 CLR 201 Mustac v Medical Board of Western Australia [2007] WASC 128 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Regina v Abbrederis [1981] 1 NSWLR 530 Roads and Traffic Authority of New South Wales v Baldock [2007] NSWCA 35 TSL v The Secretary to the Department of Justice [2006] VSCA 199
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