NSW Caselaw
New South Wales Supreme Court
CITATION : State of NSW v Brookes [2010] NSWSC 728 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 28/6/10
JUDGMENT DATE : 9 July 2010
JURISDICTION : Common Law Division
JUDGMENT OF : Kirby J
1. An order pursuant to s 17(1)(b) of the Crimes (Serious Sex Offenders) Act 2006 that the defendant be subject to a continuing detention order for 14 months and 2 weeks, that is, from 9 July 2010 to 22 September 2011. DECISION : 2. An order pursuant to s 20(1) of the Act that a warrant issue for the committal of the defendant to a correctional centre for the duration of the continuing detention order referred to in the previous order. 3. Direct that access to the Court file in respect of any document shall not be granted without leave of a Judge of the Court. If any application is made by a non-party in respect of any document, the parties are to be notified by the registrar so as to enable them to be heard. 4. Liberty to apply on two day's notice.
CATCHWORDS : Application by serious sex offender - released on extended supervision orders - committed offences and returned to custody - application by State to detain for further therapy - issues - argument by parties to further continuing detention order - construction of s 17 of the Act.
Crimes (Serious Sex Offenders) Act 2006 LEGISLATION CITED : Child Protection (Offenders' Registration) Act 2000 Guardianship and Administration Act 2009 (Qld)
CATEGORY : Principal judgment
Attorney General (NSW) v Hayter [2007] NSWSC 983 NSW v Manners [2008] NSWSC 1242 State of NSW v Brookes [2008] NSWSC 473 Attorney General for the State of New South Wales v Tillman [2007] NSWSC 605 CASES CITED : Attorney General for the State of New South Wales v Gallagher [2006] NSWSC 340 Attorney General for the State of New South Wales v Tillman [2007] NSWCA 119 Tillman v Attorney General for New South Wales [2007] NSWCA 327; (2007) 70 NSWLR 448 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 State of New South Wales v Thomas [2009] NSWSC 1410
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