State of NSW v Scott [2014] NSWSC 276

Supreme Court New South Wales

Medium Neutral Citation: State of NSW v Scott [2014] NSWSC 276 Hearing dates: 12, 13 and 19 March 2014 Decision date: 25 March 2014 Jurisdiction: Common Law Before: Adamson J Decision: (1) Order, pursuant to s 17(1)(b) of the Crimes (High Risk Offenders) Act 2006 (the Act), that the defendant be detained in a correctional centre until the earlier of the following two events: (a) The expiry of three months from the date of this order; or (b) The date on which a place in Intensive Residential Support is offered by Community Justice Program (CJP) to the defendant for his immediate occupation. (2) Pursuant to s 20(1) of the Act, a warrant issue for the committal of the defendant to the correctional centre for the duration of the continuing detention order referred to in (1) above. (3) Order, pursuant to s 17(1)(a) of the Act, that the defendant be directed, for a period of 5 years from the date of this order, to comply with the conditions set out in the Schedule to this judgment, oversight of which is to be administered by an appointed representative of the Department of Attorney General and Justice. Catchwords: CRIMINAL LAW - orders relating to high risk sex offenders - continuing detention orders - extended supervision orders - high risk of re-offending - offender has low intellect, suffers from chronic schizophrenia and lengthy history of failing to comply with medication - offender lacks ability to exercise self-control and demonstrates desire to perform violent and non-consensual sexual acts once out of gaol Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), s 5, s 5B, s 5C, s 5D, s 9, s 10, s 10A, s 11, s 13A, s 17, s 18A, s 18D, s 21, s 25B Mental (Forensic Provisions) Act 1990 (NSW), s 32, s 55 Mental Health Act 2007 (NSW), s 14, s 18 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 Quinn [2007] NSWSC 873 Attorney-General for the State of New South Wales v Tillman [2007] NSWCA 119 Cornwall v Attorney-General for the State of New South Wales [2007] NSWCA 374 State of New South Wales v Davis [2008] NSWSC 664 State of New South Wales v Scott [2013] NSWSC 1834 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Terrence Sydney Scott (Defendant) Representation: Counsel: S Callan (Plaintiff) G Scragg (Defendant)