State of New South Wales v Russell [2009] NSWSC 810

New South Wales Supreme Court

CITATION : State of New South Wales v Russell [2009] NSWSC 810

HEARING DATE(S) : 10 August 2009

JUDGMENT DATE : 10 August 2009

JUDGMENT OF : Johnson J at 1

DECISION : Interim supervision order and order for examination by psychiatrists made

CATCHWORDS : SERIOUS SEX OFFENDER - application for extended supervision order - preliminary hearing - application for order for examination by psychiatrists - application for interim supervision order pending final hearing

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

CATEGORY : Procedural and other rulings

Attorney General for the State of New South Wales v Tillman [2007] NSWCA 119 CASES CITED : State of New South Wales v Manners [2008] NSWSC 1242 Attorney General for the State of New South Wales v Tillman [2007] NSWSC 605 Tillman v Attorney General for the State of NSW (2007) 70 NSWLR 448

PARTIES : State of New South Wales (Plaintiff) Anthony Joseph Russell (Defendant)

FILE NUMBER(S) : SC 13574/09

COUNSEL : Ms A Stenmark SC; Mr D Kell (Plaintiff) Mr D Thiering (Defendant)

SOLICITORS : Crown Solicitor's Office (Plaintiff) Legal Aid NSW (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

Johnson J

10 August 2009

13574/09 State of New South Wales v Anthony Joseph Russell

JUDGMENT 1 JOHNSON J: By Amended Summons filed on 28 July 2009, the Plaintiff, the State of New South Wales, seeks orders against the Defendant, Anthony Joseph Russell, pursuant to the Crimes (Serious Sex Offenders) Act 2006 ("the Act"). 2 The Amended Summons seeks, by way of final relief, an order that the Defendant be subject to an extended supervision order under s.9 of the Act for a period of five years. A continued detention order is not sought with respect to the Defendant. 3 The Defendant is presently in custody at the Parramatta Correctional Centre serving a sentence of imprisonment for twelve months for the offence of failing to comply with reporting conditions under s.17 Child Protection (Offenders Registration) Act 2000. He was released to court-ordered parole on 3 February 2009 with respect to that offence. However, on 16 April 2009 the State Parole Authority revoked the parole order with effect from 8 April 2009, and issued a warrant for the Defendant's arrest. The stated reason for revocation of parole was breach of prescribed parole conditions, being unable to adopt to normal lawful community life and failing to reside at an address agreed on by the Defendant's parole officer. He returned to custody on 17 April 2009. 4 The Defendant's sentence will expire by effluxion of time on Wednesday 12 August 2009.