Attorney General for the State of New South Wales v Tillman [2007] NSWSC 528

New South Wales Supreme Court

CITATION : Attorney General for the State of New South Wales v Tillman [2007] NSWSC 528

HEARING DATE(S) : 25/5/07

JUDGMENT DATE : 29 May 2007

JUDGMENT OF : Bell J at 1

DECISION : 1. Pursuant to s 16(3) of the Crimes (Serious Sex Offenders) Act 2006 renew the interim detention order to take effect on and from Wednesday 30 May 2007 for a period of 28 days or until the determination of the plaintiff's claim for final orders whichever is the shorter period; 2. Pursuant to s20(1) of the Crimes (Serious Sex Offenders) Act 2006 a warrant issue for the committal of Kenneth Davison Tillman to a correctional centre for the period specified in the order.

CATCHWORDS : Renewal interim detention order

LEGISLATION CITED : Crimes (Serious Sex Offenders) Act 2006

CASES CITED : Attorney General for New South Wales v Tillman [2007] NSWCA 119

PARTIES : ATTORNEY GENERAL FOR THE STATE OF NEW SOUTH WALES (Plaintiff) Kenneth Davidson TILLMAN (Defendant)

FILE NUMBER(S) : SC 11830/07

COUNSEL : L. Babb / A Mitchelmore (Plaintiff) A P Cook (Defendant)

SOLICITORS : I V Knight Crown Solicitor's Office (Plaintiff) Aboriginal Legal Service (NSW/ACT) Limited (Respondent)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

BELL J

Tuesday 29 May 2007

11830/07 Attorney General for the State of New South Wales v Kenneth Davidson Tillman

JUDGMENT 1 BELL J: These proceedings were commenced by summons filed on 11 April 2007. The plaintiff, the Attorney General for New South Wales, claimed orders including an order pursuant to s 17(1)(b) of the Crimes (Serious Sex Offenders) Act 2006 (the Act) that the defendant be detained in a correctional centre for five years from the date of the order. The plaintiff also claimed on order pursuant to s 16(1) that the defendant be detained in a correctional centre on an interim basis for a period of 28 days, in the alternative, pursuant to s 8(1) that he be subject to interim supervision for a period of 28 days. 2 On 17 April 2007 Hoeben J made on order pursuant to s 8 that the defendant be subjected to extended supervision for a period of 28 days: Attorney-General for the State of New South Wales v Tilman [2007] NSWSC 356. His Honour ordered that two qualified psychiatrists conduct separate psychiatric examinations of the defendant and furnish reports to the Court on the results of those examinations. 3 The defendant was serving a sentence of imprisonment at the Long Bay Correctional Centre at the date the matter came before Hoeben J. His sentence was due to expire on 18 April 2007. At the expiration of his sentence it appears that he was released subject to the orders made by Hoeben J. 4 The plaintiff appealed against Hoeben J's order. On 3 May the Court of Appeal made orders allowing the appeal, setting aside the order made by Hoeben J and, in lieu thereof, ordering that the respondent be detained at a correctional centre on an interim basis for a period of 28 days from 3 May. The Court ordered that a warrant issue for the committal of the respondent to a correctional centre for the period specified in the interim detention order: Attorney General for New South Wales v Tillman [2007] NSWCA 119. 5 The order made by the Court of Appeal will expire on Wednesday 30 May 2007. 6 By notice of motion the plaintiff claims orders including an order pursuant to s 16(3) of the Act that the interim detention order made by the Court of Appeal on 3 May 2007 be renewed for a period of 28 days on and from 30 May 2007. 7 On 25 May 2007 I heard the plaintiff's motion. I gave the plaintiff leave to file an amended summons in the form of the draft annexed to the affidavit of Bradley Dean. In the amended summons the plaintiff maintains his claim for an order under s 17(1)(b) that the defendant be detained in a correctional centre for five years. Thursday 31 May 2007 was fixed for the hearing of the amended summons.