State of New South Wales v Briar (No 3) [2017] NSWSC 1255

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Briar (No 3) [2017] NSWSC 1255 Hearing dates: 15 September 2017 Decision date: 19 September 2017 Jurisdiction: Common Law Before: N Adams J Decision: 1) Pursuant to s 18B of the Crimes (High Risk Offenders) Act 2006 (NSW), order that the defendant be subject to an interim detention order for 28 days commencing from 20 September 2017. 2) Pursuant to s 20(1) of the Crimes (High Risk Offenders) Act 2006 (NSW), issue a warrant for the committal of the defendant to a correctional centre. 3) Stand the matter over for directions on Friday, 13 October 2017 at 2pm. Catchwords: HIGH RISK OFFENDER – interim detention order sought – where defendant recently charged with further serious violence offence in custody – order made Legislation Cited: Crimes Act 1900 (NSW), s 35 Crimes (Administration of Sentence) Act 1999 (NSW), s 130 Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 5A, 6, 13A, 13C, 17, 18B, 20 Criminal Procedure Act 1986 (NSW), s 260 Crimes (Sentencing Procedure) Act 1999 (NSW), s 50 Cases Cited: Attorney-General for the State of New South Wales v Gallagher [2006] NSWSC 340 Attorney-General for the State of NSW v Hayter [2007] NSWSC 983 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Lynn v State of New South Wales [2016] NSWCA 57 State of New South Wales v Briar (No. 2) [2017] NSWSC 977 State of New South Wales v Briar [2017] NSWSC 702 State of New South Wales v Hippett [2016] NSWSC 1180 State of New South Wales v Manners [2008] NSWSC 1242 State of New South Wales v Pacey [2015] NSWSC 1983 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Shaw Briar (Defendant) Representation: Counsel: Mr Z Khan (Plaintiff) Mr P Skinner (Defendant)