Davie v State of New South Wales [2016] NSWCA 96

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Davie v State of New South Wales [2016] NSWCA 96 Hearing dates: 08 April 2016 Date of orders: 08 April 2016 Decision date: 03 May 2016 Before: Beazley P; Leeming JA; Payne JA Decision: 1. Pursuant to s 22(3) of the Crimes (High Risk Offenders) Act 2006 (NSW) the time for commencing proceedings in this Court is extended to 29 October 2015.

2. Grant leave to appellant to file in Court and rely upon the further amended grounds of appeal.

3. Appeal dismissed. Catchwords: CRIMINAL LAW – high risk sex offender – primary judge made continuing detention order – whether primary judge erred in failing to have regard to relevant matters – whether primary judge erred in failing to consider whether to exercise his discretion not to make a continuing detention order – where primary judge found that there was a high risk of the offender committing further offences on release – no errors demonstrated – appeal dismissed Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 5B, 5C, 5D, 9, 15, 17, 18A, 21, 22, 23 Cases Cited: Anderson v State of New Sales Wales [2016] NSWCA 86 Attorney-General (Qld) v Francis [2006] QCA 324 State of New South Wales v Atkins [2014] NSWSC 292 State of New South Wales v Cruse (No 2) [2014] NSWSC 128 State of New South Wales v Davie [2015] NSWSC 413 State of New South Wales v Davie (No 2) [2015] NSWSC 935 State of New South Wales v Donovan [2015] NSWCA 280 Category: Principal judgment Parties: Jeffrey Wayne Davie (Appellant) State of New South Wales (Respondent) Representation: Counsel: P Strickland SC, G Scragg (Appellant) W Abraham QC, H Bennett (Respondent)