ATTORNEY GENERAL FOR THE STATE OF NEW SOUTH WALES v QUINN [2007] NSWSC 456

New South Wales Supreme Court

CITATION : ATTORNEY GENERAL FOR THE STATE OF NEW SOUTH WALES v QUINN [2007] NSWSC 456

HEARING DATE(S) : Tuesday 8 May 2007

JUDGMENT DATE : 9 May 2007

JURISDICTION : Common Law

JUDGMENT OF : Hall J at 1

DECISION : (1) An order pursuant to s.16(1) of the Crimes (Serious Sex Offenders) Act 2006 (NSW) that the defendant be detained in a correctional centre on an interim basis for a period of 28 days from 13 May 2007. (2) An order pursuant to s.20(1) of the Act that the Court issue a warrant for the committal of the defendant to a correctional centre for the duration of the interim detention order referred to in order (1). (3) Two qualified psychiatrists are to be appointed to conduct separate psychiatric examinations of the defendant and to furnish reports to the Supreme Court on the results of those examinations by 1 June 2007. (4) The defendant is directed to attend those examinations.

CATCHWORDS : Criminal law - Crimes (Serious Sex Offenders) Act 2006 (NSW) - application for interim detention order - evidence required for an application for an interim order under the Act - standard of proof - nature of the standard - a predictive risk assessment as to the probability that a particular offender is "likely" to commit a further serious sex offence - the requirements for the making of an interim detention order were satisfied - the material sufficiently established a risk of re-offending for the purpose of an interim order - there was no relevant delay in the making of the application and if delay were shown, it was not such as to provide a basis for refusing the interim order

LEGISLATION CITED : Crimes (Serious Sex Offenders) Act 2006 (NSW)

CASES CITED : Attorney General for the State of NSW v Gallagher [2006] NSWSC 340 Briginshaw v Briginshaw (1983) 60 CLR 336)"