State of New South Wales v CT [2019] NSWSC 695

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v CT [2019] NSWSC 695 Hearing dates: 27 May 2019 Decision date: 27 May 2019 Jurisdiction: Common Law Before: Hamill J Decision: (1) Interim Detention Order for a period of 27 days commencing at midnight on 27 May 2019. (2) Confirm the final hearing date of 14 June 2019. (3) Direct that the Plaintiff ensures that draft conditions for an Extended Supervision Order are made available to the Court no later than close of business on 12 June 2019. (4) Direct that the Plaintiff ensures that all accommodation options for an Extended Supervision Order are explored and made available to the Court on the day of the final hearing. (5) Direct that all deponents and authors of expert reports be available for cross-examination on 14 June 2019 if required. (6) Warrant to issue under section 20 of the Crimes (High Risk Offenders) Act 2006 (NSW) to commit CT to a correctional centre for the period specified in the order. (7) Order under section 77 of the Crimes (Administration of Sentences) Act 1999 (NSW) to ensure that CT is available to appear at the final hearing on 14 June 2019 by video link. (8) Direct that any written submissions on the question of concurrent evidence of experts be filed by close of business on 12 June 2019. Catchwords: HIGH RISK OFFENDER – application for interim detention order – where offender opposes interim detention order – jurisdiction or power to make or continue an interim detention order - proper approach to determination of interim orders Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Mental Health Act 2007 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Category: Principal judgment Parties: State of New South Wales CT Representation: Counsel: P Aitken (Plaintiff) I Wallach (Defendant) File Number(s): 2019/00037393 Publication restriction: No publication of the Defendant's names.