NSW Caselaw
New South Wales Court of Appeal
CITATION: State of New South Wales v Brookes [2008] NSWCA 212
HEARING DATE(S): 25 July 2008
JUDGMENT DATE: 4 September 2008
JUDGMENT OF: Ipp JA at 1; Bell JA at 2; McClellan CJ at CL at 3
DECISION: Appeal dismissed
CATCHWORDS: CRIMINAL LAW – Serious sex offender – Application for continuing detention order – Crimes (Serious Sex Offenders) Act 2006 (NSW) – Whether primary judge erred in finding adequate supervision could be provided by an extended supervision order – Conditions of supervision order directed attendance at counselling if available – Whether judge erred in concluding funds were available for community based treatment – Whether order depended on availability of treatment – Whether supervision order will provide adequate protection for the community is a decision for the Court – Court will assume Executive will not make an irrational decision in relation to funding treatment in the circumstances – Whether judge erred in providing for supervision order when amenability to anti-libidinal treatment uncertain
Crimes (Serious Sex Offenders) Act 2006 LEGISLATION CITED: Child Protection (Offenders Registration) Act 2000 Crimes Act 1900
CATEGORY: Principal judgment
CASES CITED: Winters v Attorney-General of NSW [2008] NSWCA 33
PARTIES: State of NSW (Appellant) Alexandria George Brookes (Respondent)
FILE NUMBER(S): CA CA40148/08; SC 10456/08
COUNSEL: L Babb SC/D T Kell/M England (Appellant) A Haesler SC/M Johnston (Respondent
SOLICITORS: Crown Solicitor (Appellant) Catherine Hunter (Respondent)
LOWER COURT JURISDICTION: Supreme Court
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