State of New South Wales v Donovan [2015] NSWSC 1254

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Donovan [2015] NSWSC 1254 Hearing dates: 18 and 19 August 2015 Date of orders: 01 September 2015 Decision date: 01 September 2015 Jurisdiction: Common Law Before: McCallum J Decision: Application for continuing detention order refused; parties to be heard as to the conditions of the extended supervision order to be made. Catchwords: CIVIL LAW – orders relating to high risk violent offenders – application for continuing detention order – application for extended supervision order – where extended supervision order is not opposed – whether extended supervision order would provide adequate supervision – factors relevant to exercise of discretion to order continuing detention Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Interpretation Act 1987 (NSW) Cases Cited: Attorney-General for the State of New South Wales v Quinn [2007] NSWSC 873 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Fardon v Attorney-General (Qld) [2004] HCA 46; 223 CLR 575 Lee v New South Wales Crime Commission [2013] HCA 39 State of New South Wales v Armstrong [2015] NSWSC 1123 State of New South Wales v Donovan [2015] NSWSC 877 State of New South Wales v Lynn [2013] NSWSC 1147 State of New South Wales v Tillman [2007] NSWSC 605 Tillman v Attorney General for the State of New South Wales [2007] NSWCA 327 Veen v R (No 2) [1988] HCA 14; 164 CLR 465 Williams v The Queen [1986] HCA 88; 161 CLR 278 Winters v Attorney General for the State of New South Wales [2008] NSWCA 33; 182 A Crim R 107 Category: Principal judgment Parties: State of New South Wales (plaintiff) Brian James Donovan (defendant) Representation: Counsel: N Sharp with A Avery-Williams (plaintiff) M Johnston (defendant)