State of New South Wales v Brookes [2008] NSWSC 150

New South Wales Supreme Court

CITATION : State of New South Wales v Brookes [2008] NSWSC 150

HEARING DATE(S) : 13 February 2008

JUDGMENT DATE : 19 February 2008

JUDGMENT OF : Fullerton J

DECISION : (1) Pursuant to s 16(1) of the Crimes (Serious Sex Offenders) Act, the defendant is to be detained at a correctional centre on an interim basis for a period of 28 days from 21 February 2008. (2) Pursuant to s 20(1) of the Crimes (Serious Sex Offenders) Act, I order that a warrant issue for the committal of Alexandria George Brookes to a correctional centre for the period specified in order (1) above.

CATCHWORDS : Serious sex offender - Continuing detention order - Extended supervision order

LEGISLATION CITED : Child Protection (Offenders Registration) Act 2000 Crimes (Serious Sex Offenders) Act 2006

CASES CITED : Attorney General for New South Wales v Tillman [2007] NSWCA 119 Tillman v Attorney General for New South Wales [2007] NSWCA 327

PARTIES : State of New South Wales (Plaintiff) Alexandria George Brookes (Defendant)

FILE NUMBER(S) : SC 2008/10456

COUNSEL : L Babb SC/N Sharp (Plaintiff) M Johnston (Defendant)

SOLICITORS : Crown Solicitor of New South Wales (Plaintiff) Catherine Hunter (Defendant)

- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CIVIL LIST

FULLERTON J

19 FEBRUARY 2008

2008/10456 STATE OF NEW SOUTH WALES v ALEXANDRIA BROOKES

JUDGMENT

HER HONOUR: 1 On 20 January 2008 the plaintiff, the Attorney General for the State of New South Wales, brought an application under the Crimes (Serious Sex Offenders) Act 2006 ("the Act") by summons seeking final relief in respect of the defendant in the form of a continuing detention order for a period of five years pursuant to Part 3 of the Act, or in the alternative, an extended supervision order for the same length of time pursuant to Part 2 of the Act. 2 Section 9(2) of the Act provides that an extended supervision order may be made if, and only if, the Supreme Court is satisfied to a high degree of probability that the offender is likely to commit a further serious sex offence if not kept under supervision. Section 17(3) provides that a continuing detention order may be made if, and only if, the Supreme Court is satisfied to a high degree of probability that the offender is likely to commit a further serious sex offence if not kept under supervision, and that adequate supervision will not be provided by an extended supervision order. Section 17(1) allows for the making of an extended supervision order where application is made for a continuing detention order. 3 Section 6 of the Act, provides that the State of New South Wales may only make an application for orders for continued detention or extended supervision, whether on a final or interim basis, in respect of a person who is: (a) a "sex offender"; and (b) either serving a sentence of imprisonment for a "serious sex offence" or an "offence of a sexual nature".