State of New South Wales v Russell (Preliminary) [2019] NSWSC 1717

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Russell (Preliminary) [2019] NSWSC 1717 Hearing dates: 29 November 2019 Date of orders: 05 December 2019 Decision date: 05 December 2019 Jurisdiction: Common Law Before: Fullerton J Decision: 1. Pursuant to s 15(4) of the Crimes (High Risk Offenders) Act 2006 ("the Act"): a. a qualified psychiatrist and a registered psychologist are to be appointed to conduct separate psychiatric and/or psychological examinations of the defendant and furnish reports to the Supreme Court on the results of those examinations by a date to be fixed by the Court;

b. the defendant is directed to attend those examinations.

2. Pursuant to s 18A of the Act the defendant is to be subject to an interim detention order for a period of 28 days to date from 16 January 2020.

3. Pursuant to s 20(1) of the Act the Court issues a warrant for the committal of the defendant to a correctional centre for the duration of the interim order referred to in order 2 above.

4. Access to the Supreme Court's file in respect of any document shall not be granted to a non-party without the leave of a judge of the Court, and, if any application for access is made by a non-party in respect of any document, the parties are to be notified by the Registrar so as to allow them an opportunity to be heard. Catchwords: HIGH RISK OFFENDER – application for continuing detention or extended supervision order – preliminary hearing – interim detention order not opposed Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: State of New South Wales v Russell [2018] NSWSC 1880 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Brett Thomas Russell (Defendant) Representation: Counsel: I Fraser (Plaintiff) S Orman-Hales (Defendant)