State of New South Wales v Manna (preliminary hearing) [2016] NSWSC 1841

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Manna (preliminary hearing) [2016] NSWSC 1841 Hearing dates: 12 December 2016 Date of orders: 12 December 2016 Decision date: 19 December 2016 Jurisdiction: Common Law Before: McCallum J Decision: Application for interim detention order refused; interim supervision order to be made Catchwords: CRIME – high risk violent offender – preliminary hearing – application by the State for interim detention order or in the alternative interim supervision order – where offender opposes interim detention order but consents to interim supervision order – proper approach to determination of interim orders – primary object of statute to ensure safety and protection of community – importance of right to personal liberty Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 5D, 5F, 5G, 6, 7, 9, 10B, 11, 15, 17, 18B, 18C, Cases Cited: Anderson v State of New South Wales [2016] NSWCA 86 Attorney General for the State of New South Wales v Wilde [2008] NSWSC 14 Attorney General for the State of New South Wales v Winters [2007] NSWSC 611 State of New South Wales v Atkins [2013] NSWSC 1988 State of New South Wales v Bugmy (preliminary hearing) [2016] NSWSC 1128 State of New South Wales v Cornwall [2015] NSWSC 742 State of New South Wales v Davie [2015] NSWSC 413 State of New South Wales v Donovan [2015] NSWCA 280; 90 NSWLR 389 Williams v The Queen [1986] HCA 88; 161 CLR 278 Category: Principal judgment Parties: State of New South Wales (plaintiff) Adriano Giuseppe Manna (defendant) Representation: Counsel: G Wright (plaintiff) R Mathur (defendant)