State of New South Wales v Lynn (Final) [2019] NSWSC 580

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Lynn (Final) [2019] NSWSC 580 Hearing dates: 15 and 17 April 2019 Decision date: 17 May 2019 Jurisdiction: Common Law Before: Ierace J Decision: (1) Pursuant to ss 5C and 17(1)(b) of the Crimes (High Risk Offenders) Act 2006 (NSW), the defendant be the subject of a high risk offender continuing detention order for a period of fifteen months. Catchwords: HIGH RISK OFFENDERS – application for a continuing detention order – final hearing – serious violent offender – whether Court satisfied to high degree of probability defendant poses unacceptable risk of committing another serious offence if not kept in detention – history of non-compliance with supervision – significant history of violence – antisocial personality disorder – expert evidence of high risk of re-offending – continuing detention order imposed Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: Lynn v State of New South Wales [2016] NSWCA 57 R v Lynn [2008] NSWSC 1122 State of New South Wales v Lynn [2013] NSWSC 1147 State of New South Wales v Lynn [2015] NSWSC 665 State of New South Wales v Sotheren (Preliminary) [2018] NSWSC 754 State of NSW v Donovan [2015] NSWCA 280 Texts Cited: "The effect of the Violent Offender Treatment Program (VOTP) on offender outcomes", Crime and Justice Bulletin BOCSAR, No 216, August 2018 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Scott David Lynn (Defendant) Representation: Counsel: P Aitken (Plaintiff) M Avenell (Defendant)