State of New South Wales v Presta [2016] NSWSC 966

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Presta [2016] NSWSC 966 Hearing dates: 11 July 2016 Date of orders: 11 July 2016 Decision date: 11 July 2016 Before: Beech-Jones J Decision: (1) Pursuant to s 18A of the Crimes (High Risk Offenders) Act 2006 (NSW), the defendant is subject to an IDO for a period of 28 days to take effect from 4.00 pm 11 July 2016 and to expire at 4.00 pm on Monday 8 August 2016. *

(2) The proceedings stand over for mention before the Common Law Duty Judge on Friday 5 August 2016 at 10.00 am;

(3) The parties have liberty to apply on 24 hours' notice; and

(4) Under s 77 of the Crimes (Administration of Sentences) Act 1999 (NSW), the Commissioner of Corrective Services cause the respondent to be present before the Court or to appear by audio visual link on Friday 5 August 2016 at 10.00 am unless the requirement for him to appear is dispensed with in the meantime in which case the Court should be notified of such a change.

* Note: On 12 July 2016, Order (1) was varied so that it expired on Sunday, 7 August 2016 at 4.00 pm. Catchwords: SEX OFFENDER - interim detention order - approach to making an order - suitability of accommodation - suggested secure accommodation facility only just commenced - interim detention order made Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes Act 1900 (NSW) Cases Cited: State of New South Wales v Bruno Presta (unreported, 24 May 2016) State of New South Wales v Davie [2015] NSWSC 413 State of New South Wales v Strong [2016] NSWSC 573 Texts Cited: --- Category: Principal judgment Parties: State of New South Wales (Applicant) Bruno Presta (Respondent) Representation: Counsel: Mr L Fernandez (Applicant) Ms A Cook (Respondent)