State of New South Wales v Butterfield [2016] NSWSC 925

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Butterfield [2016] NSWSC 925 Hearing dates: 30 October 2015 Date of orders: 03 November 2015 Decision date: 04 July 2016 Jurisdiction: Common Law Before: Rothman J Decision: (1) Pursuant to s 17(1)(b) of the Crimes (High Risk Offenders) Act 2006 Rebecca Jane Butterfield be the subject of a High Risk Violent Offender continuing detention order for a period of five (5) years to commence on 4 November 2015;

(2) Pursuant to s 20(1) of the Crimes (High Risk Offenders) Act 2006 a warrant is hereby issued for the committal of the defendant to a correctional centre for five (5) years concluding 3 November 2020.

(3) All reports prepared for the purposes of these proceedings and the making of this order be provided to Corrective Services New South Wales and/or any agency involved in the defendant's supervision, the Guardianship Division of the NSW Civil and Administrative Tribunal and the defendant's treating clinicians and health care practitioners. Catchwords: HIGH RISK VIOLENT OFFENDER – Continuing Detention Order sought and granted – violent offences and extraordinary psychiatric reports – 5 years' duration because no likely change in that period and court proceedings exacerbate defendant's issues. Legislation Cited: Crimes (High Risk Offenders) Act 2006 Cases Cited: Attorney General for New South Wales v Tillman [2007] NSWCA 119 Attorney General of New South Wales v McGuire [2015] NSWSC 152 Attorney-General for New South Wales v Gallagher [2006] NSWSC 420 Director of Public Prosecutions (WA) v GTR [2008] WASCA 187; (2008) 198 A Crim R 149 Director of Public Prosecutions (WA) v Williams [2007] WASCA 206; (2007) 176 A Crim R 110 Project Blue Sky v Australian Broadcasting Authority HCA 28; (1998) 194 CLR 355 State of New South Wales v Thomas [2011] NSWSC 307 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Rebecca Jane Butterfield (Defendant) Representation: Counsel: C Birch SC/L Fernandez (Plaintiff) M Johnston SC (Defendant)