State of New South Wales v Donovan [2015] NSWCA 273

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: State of New South Wales v Donovan [2015] NSWCA 273 Hearing dates: 1, 2 September 2015 Date of orders: 02 September 2015 Decision date: 09 September 2015 Before: Beazley P Decision: Reasons for orders made 2 September 2015 published.

Orders confirmed:

1. Direct a stay of the extended supervision order made by her Honour Justice McCallum on 1 September 2015;

2. Order pursuant to s 18B(1) of the Crimes (High Risk Offenders) Act 2006 (NSW) the defendant is subject to an interim detention order commencing at 11 am on 2 September 2015 which expires at 12 pm on 9 September 2015 or upon further order of this Court, whichever is the earlier;

3. Order pursuant to s 20(1) of the Crimes (High Risk Offenders) Act 2006 (NSW), the Court issue a warrant for the committal of the defendant to a correctional centre for the duration of the interim detention order referred to in order 2 above;

4. Order pursuant to s 77 of the Crimes (Administration of Sentences) Act 1999 (NSW) that the Commissioner cause Brian James Donovan to be produced to the AVL rooms at Bathurst Correctional Centre at 10.15 am on 9 September 2015;

5. Leave granted to the applicant to amend para (4) of the notice of motion returnable 1 September 2015 to read s 18B(1) not s 18C(1);

6. Matter set down for hearing at 10.15 am, 9 September 2015. Catchwords: CRIMINAL LAW – high risk violent offender – application for stay of extended supervision order – Crimes (High Risk Offenders) Act 2006 (NSW), s 5F

PRACTICE & PROCEDURE – stay – application for continuation of interim detention order until appeal of extended supervision order heard – Crimes (High Risk Offenders) Act 2006 (NSW), s 18B – whether granting of stay would give effect to primary object of the Crimes (High Risk Offenders) Act 2006 (NSW) to ensure the safety and protection of the community – Crimes (High Risk Offenders) Act 2006 (NSW), s 3(1) Legislation Cited: Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: Woodlawn Capital Pty Ltd v Motor Vehicles Insurance Ltd [2015] NSWCA 227 Category: Principal judgment Parties: State of New South Wales (Applicant) Brian James Donovan (Respondent) Representation: Counsel: N Sharp; A Avery-Williams (Applicant) M Johnston (Respondent)