The State of New South Wales v Butterfield (Preliminary) [2015] NSWSC 1374

Supreme Court New South Wales

Medium Neutral Citation: The State of New South Wales v Butterfield (Preliminary) [2015] NSWSC 1374 Hearing dates: 18 September 2015 Decision date: 18 September 2015 Jurisdiction: Common Law Before: R A Hulme J Decision: Two qualified psychiatrists (to be agreed between the parties) be appointed to conduct separate psychiatric examinations of the defendant and to furnish their reports to the Court on the results of those examinations by 4.00pm on 9 October 2015 Catchwords: CIVIL LAW – preliminary hearing under s 15(3) Crimes (High Risk Offenders) Act 2006 (NSW) – where defendant is accepted to be high risk violent offender – where it is accepted that there is evidence capable of satisfying the court that there is a high degree of probability that the defendant poses an unacceptable risk of committing a serious violence offence if she is not kept under supervision – two qualified psychiatrists to be appointed to examine defendant – defendant directed to attend those examinations Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Category: Principal judgment Parties: The State of New South Wales (Plaintiff) Rebecca Jane Butterfield (Defendant) Representation: Counsel: Mr C Birch SC (Plaintiff) Mr M Johnston (Defendant)

Solicitors: Crown Solicitors Office Legal Aid NSW File Number(s): 2015/252997

Judgment 1. HIS HONOUR: The State of New South Wales ("the State"), by summons filed on 28 August 2015, applies for a continuing detention order in respect of Rebecca Jane Butterfield ("the defendant") pursuant to Part 3 of the Crimes (High Risk Offenders) Act 2006 (NSW) ("the Act"). This is the preliminary hearing in respect of that application; s 15(3). 2. The defendant is currently serving a term of imprisonment for the fatal stabbing of a fellow inmate at the Emu Plains Correctional Centre on 7 May 2003. She was charged with murder, but the Crown accepted a plea of guilty to manslaughter on the grounds of substantial impairment by abnormality of mind. The defendant was sentenced to 12 years imprisonment dating from 4 November 2003 and expiring on 3 November 2015, with a non-parole period of 7 years. The non-parole period expired on 3 November 2010, but the defendant remains in custody, having been refused parole. 3. The matter has been listed for final hearing on 30 October 2015. On that day the State will be seeking a continuing detention order under s 17(1)(b) of the Act for a period of 5 years, or, alternatively, an extended supervision order for a period of 5 years pursuant to s 17(1)(a) of the Act. 4. At the hearing today, the State sought an order that two qualified psychiatrists be appointed to conduct separate psychiatric examinations of the defendant and to furnish their reports to the Court, and directing that the defendant attend those examinations: s 15(1)(i). Before making this order, I must be satisfied that matters alleged in the supporting documentation would, if proved, justify the making of a continuing detention order or an extended supervision order: s 15(4).