State of NSW v French [2017] NSWSC 400

Supreme Court New South Wales

Medium Neutral Citation: State of NSW v French [2017] NSWSC 400 Hearing dates: 10 April 2017 Date of orders: 12 April 2017 Decision date: 12 April 2017 Jurisdiction: Common Law Before: Adamson J Decision: See paragraph [90]. Catchwords: CRIMES (HIGH RISK OFFENDERS) ACT 2006 – interim supervision order appropriate for defendant with limited insight into depravity of sexual offences – drugged victim before assaulting her

CRIMES (HIGH RISK OFFENDERS) ACT 2006 – interim detention order pending identification of available suitable accommodation refused – real chance of accommodation being sourced before release date – fact of release will improve chances of COSP accommodation being available Legislation Cited: Crimes Act 1900 (NSW) ss 38, 59, 61, 61I, 61J, 61L Crimes (High Risk Offenders) Act 2006 (NSW) ss 3, 4, 5(1), 5B, 5B(2), 5H, 5I, 7, 7(4), 9(3), 9(3)(a), 9(3)(c), 9(3)(d), 9(3)(d1), 9(3)(e), 9(3)(f), 9(3)(h), 9(3)(h1), 9(3)(i), 10, 10A, 10A(b), 10C, 10C(1), 11, 12, 13A, 13B, 15(4), 18A, 21, 25, 25(1), 25(3) Cases Cited: French v R [2006] NSWCCA 361 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Barrie James French (Defendant) Representation: Counsel: H Bennett (Plaintiff) A Cook (Defendant)

Solicitors: NSW Crown Solicitor (Plaintiff) Legal Aid Commission (Defendant) File Number(s): 2017/80400

Judgment

Introduction 1. By summons filed on 15 March 2017 the State of New South Wales (the plaintiff) seeks orders under the Crimes (High Risk Offenders) Act 2006 (NSW) (the Act) in respect of Barrie French (the defendant), including, by way of final relief, a continuing detention order (CDO) for a period of 6 months or the date on which suitable accommodation becomes available; and an extended supervision order (ESO) for a period of five years. All references to legislation in these reasons are to the Act, except where otherwise stated. 2. At the preliminary hearing in these proceedings on 10 April 2017 the plaintiff sought the following orders: "1. An order pursuant to s 15(4) of the Crimes (High Risk Offenders) Act 2006 ("the Act"): a. Appointing two qualified psychiatrists and/or registered psychologists (or any combination of such persons) to conduct separate psychiatric or psychological examinations of the defendant and to furnish reports to the Supreme Court on the results of those examinations by a date to be fixed by the Court; b. Directing the defendant to attend those examinations. . . . 7. An order: a. pursuant to s 18A of the Act, that the defendant be subject to an interim detention order from the date of his proposed release from custody for a period of 28 days. 8. An order pursuant to s 20(1) of the Act that the Court issue a warrant for the committal of the defendant to a correctional centre for the period specified in paragraph 7 above. 9. In the alternative to paragraphs 7 and 8 above, a. an order pursuant to s 10A and s 10C(1) of the Act that the defendant be the subject of an interim supervision order from the date of his proposed release from custody for a period of 28 days; and pursuant to s 11 of the Act, an order directing the defendant to comply with the conditions set out in the Schedule attached to this Summons for the duration of the order."