Anderson v State of New South Wales [2016] NSWCA 86

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Anderson v State of New South Wales [2016] NSWCA 86 Hearing dates: 7 April 2016 Decision date: 27 April 2016 Before: Bathurst CJ; Beazley P; Leeming JA Decision: 1. Appeal allowed with costs.

2. Set aside orders 1, 2 and 4 made on 18 December 2015, with effect from 11am 28 April 2016.

3. Remit to a judge sitting in the Common Law Division the determination of the question whether a high risk sex offender continuing detention order should be made.

4. Vary order 3 made on 18 December 2015 by replacing "from the date of the expiry of the continuing detention order" by the words "from the date of the expiry of any continuing detention order made on remitter pursuant to order 3 made by the Court of Appeal on 27 April 2016 or from the date of the determination on that remitter not to make a continuing detention order", with the result that it reads:

"(3) Pursuant to ss 5C and 9(1)(a) of the Act the defendant, for a period of 5 years from the date of the expiry of any continuing detention order made on remitter pursuant to order 3 made by the Court of Appeal on 27 April 2016 or from the date of the determination on that remitter not to make a continuing detention order, be subject to an extended supervision order and, pursuant to section 11 of the Act direct that, for the period of the extended supervision order, the defendant comply with the conditions set out below in the Schedule to these Orders."

5. Order, with effect from 11am 28 April 2016, that the appellant be the subject of an interim supervision order for a period of 28 days, and that he comply with the conditions of that order as set out in the Schedule below for the period of that order.