State of New South Wales v Barrie (Final) [2018] NSWSC 1005

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Barrie (Final) [2018] NSWSC 1005 Hearing dates: 28 July 2017 and 18 June 2018 Date of orders: 29 June 2018 Decision date: 29 June 2018 Jurisdiction: Common Law Before: N Adams J Decision: (1) An order pursuant to s 5C and s 17(1)(b) of the Act that the defendant be the subject of a continuing detention order for a period of 12 months from the date the defendant's current custody expires.

(2) 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 duration of the order 1. Catchwords: HIGH RISK SEX OFFENDER – Application for a continuing detention order or alternatively an extended supervision order under the Crimes (High Risk Offenders) Act 2006 (NSW) – Whether the defendant posed an unacceptable risk of committing another serious offence if not kept in detention under a continuing detention order

STATUTORY INTERPRETATION - Whether the substantive test for a CDO application under s 5C of the Crimes (High Risk Offenders) Act 2006 (NSW) involves one or two steps – Whether the considerations under s 17 of the Act inform the substantive test under s 5C(d) or otherwise inform the discretion once s 5C(d) is satisfied Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW), ss 17, 18 Crimes Act 1900 (NSW), ss 61C, 66C, 91H, Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 4, 5, 5B, 5C, 12, 13B, 15, 17 and Sch 2, cl 17 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 9, 12 Cases Cited: Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Eastman v The Queen (2000) 203 CLR 1; [2000] HCA 29 State of New South Wales v Donovan (2015) 90 NSWLR 389; [2015] NSWCA 280 State of New South Wales v Jones [2018] NSWSC 459 Wik Peoples v Queensland (1996) 187 CLR 1; [1996] HCA 40 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Anthony James Barrie (Defendant) Representation: Counsel: Mr L Fernandez (Plaintiff) Mr D O'Neil (Defendant)