Attorney General for the State of New South Wales v Tillman [2007] NSWSC 605

New South Wales Supreme Court

CITATION : Attorney General for the State of New South Wales v Tillman [2007] NSWSC 605 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 31/5/07, 1/6/07,4/6/07, 5/6/07, 6/6/07

JUDGMENT DATE : 18 June 2007

JUDGMENT OF : Bell J at 1

DECISION : 1. Pursuant to s 17(1) of the Crimes (Serious Sex Offenders) Act 2006 Kenneth Davidson Tillman is to be detained in a correctional centre for one year from today; 2. Pursuant to s 20(1) of the Act issue a warrant for the committal of Kenneth Davidson Tillman to a correctional centre for the duration of the continuing detention order referred to in order 1 above.

CATCHWORDS : Sex offender - continuing detention order - standard of proof of high probability - likely to commit further serious sex offence - treatment programs - adequacy of extended supervision order

LEGISLATION CITED : Crimes (Serious Sex Offenders) Act 2006 Serious Sex Offenders Monitoring Act 2005 (Vic)

Attorney General for the State of New South Wales v Gallagher [2006] NSWSC 340 Attorney General for New South Wales v Tillman [2007] NSWCA 119 CASES CITED : Boughey v The Queen (1986) 161 CLR 10 Lyons v The Queen [1987] 2 SCR 309 R v S L D [2003] NSWCCA 310; 58 NSWLR 589 TSL v The Secretary to the Department of Justice [2006] VSCA 199

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)