State of New South Wales v Stewart (No 2) [2016] NSWSC 981

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Stewart (No 2) [2016] NSWSC 981 Hearing dates: 16 June 2016 Decision date: 15 July 2016 Jurisdiction: Common Law Before: Button J Decision: (1) The defendant is the subject of a continuing detention order, pursuant to s 5D and s 17(1)(b) of the Crimes (High Risk Offenders) Act 2006 (NSW), for a period of 12 months to date from 15 July 2016 and expire on 14 July 2017. (2) The Registry is to issue a warrant, pursuant to s 20(1) of the Crimes (High Risk Offenders) Act 2006 (NSW), for the committal of the defendant to a correctional centre for the period specified in Order 1. Catchwords: CIVIL – Crimes (High Risk Offenders) Act 2006 – application for continuing detention order – whether the defendant is a high risk sex offender – application not opposed by the defendant – length of continuing detention order Legislation Cited: Child Protection (Offenders Prohibition Orders) Act 2004 (NSW) Child Protection (Offenders Registration) Act 2004 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW), ss 5, 5B, 5C(1), 5D, 5D(1), 13B, 17, 17(1)(b), 17(4), 17(4)(a), 17(4)(b), 17(4)(c), 17(4)(d), 17(4)(d1), 17(4)(e), 17(4)(f), 17(4)(g), 17(4)(h), 17(4)(h1), 17(4)(i), 19, 20(1) Cases Cited: State of New South Wales v PS [2016] NSWSC 504 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Peter John Stewart (Defendant) Representation: Counsel: P Aitken (Plaintiff) S Hall (Defendant)

Solicitors: Crown Solicitor's Office (Plaintiff) Legal Aid New South Wales (Defendant) File Number(s): 2016/99413