State of New South Wales v Reay [2014] NSWSC 1813

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Reay [2014] NSWSC 1813 Hearing dates: 9 December 2014 Decision date: 19 December 2014 Jurisdiction: Common Law Before: Button J Decision: (1) The two orders made by me on 9 December 2014 are quashed. (2) The defendant is subject to a continuing detention order of 12 months duration to date from Friday 19 December 2014 and expire on 18 December 2015. (3) A warrant is to issue for the committal of the defendant to a correctional centre for the period specified in order 2. (4) The defendant is subject to an extended supervision order of two years' duration to date from 18 December 2015 and expire on 17 December 2017. (5) During the period of the extended supervision order specified in order 4 the defendant is to comply with the conditions set out in Schedule A to the summons filed 29 August 2014, save for the amendment made at the hearing to condition 3 of Part M, and the deletion of conditions 7-9 of Part E. (6) The plaintiff is permitted to provide the reports of Dr Ellis and Dr Furst in these proceedings to: (a) Any psychiatrist or psychologist involved in treating and/or counselling the defendant; and (b) Community Corrections officers involved in the defendant's supervision. Catchwords: CIVIL LAW - Crimes (High Risk Offenders) Act 2007 - application for a continuing detention order - application for extended supervision order - defendant commenced intensive rehabilitation program since imposition of interim detention order - consideration of the availability of appropriate accommodation - whether the plaintiff has satisfied the Court that there is a high degree of probability that, if released without supervision, the defendant poses an unacceptable risk of committing a serious violent offence - whether adequate supervision will be provided by an extended supervision order Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), ss 4, 5A, 5E, 5G, 17(4) Cases Cited: R v Steadman [2013] NSWSC 170 State of New South Wales v Lynn [2013] NSWSC 1147 State of NSW v Reay [2014] NSWSC 1362 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Richard Reay (Defendant) Representation: Counsel: D T Kell (Plaintiff) M Johnston (Defendant) Solicitors: Crown Solicitor's Office (Plaintiff) Legal Aid New South Wales (Defendant) File Number(s): 2014/254707