Lynn v State of New South Wales [2019] NSWCA 300

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lynn v State of New South Wales [2019] NSWCA 300 Hearing dates: 18 November 2019 Decision date: 09 December 2019 Before: Basten JA at [1]; Leeming JA at [2]; White JA at [87] Decision: Appeal dismissed. Catchwords: HIGH RISK OFFENDER – appeal from making of continuing detention order – whether conviction for manslaughter on the basis of excessive self-defence was a "serious violence offence" – whether error in not specifying commencement date for continuing detention order – alleged errors in criminal record – alleged errors in submissions to primary judge and summaries provided to experts – whether error in assessing risk – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW), ss 33B, 421 Crimes (High Risk Offenders) Act 2006 (NSW), ss 4, 5A, 5C, 5D, 10, 12, 13B, 17, 18, 18CA, 18D, 22, 23 Crimes (High Risk Offenders) Amendment Act 2017 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW), s 33 Homicide Act 1957 (UK) Judiciary Act 1903 (Cth), s 40 Mental Health Act 1990 (NSW) Summary Offences Act 1988 (NSW), s 11C Supreme Court Act 1970 (NSW), s 75A Cases Cited: Grant v R [2014] NSWCCA 67 Lane v R [2013] NSWCCA 317; 241 A Crim R 321 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 R v Scott David Lynn [2008] NSWSC 1122 State of New South Wales v Lynn (Final) [2019] NSWSC 580 State of New South Wales v Lynn [2015] NSWSC 665 Turner v State of New South Wales [2019] NSWCA 164 Category: Principal judgment Parties: Scott David Lynn (appellant) State of New South Wales (respondent) Representation: Counsel: Applicant in person J Emmett and J Brezniak (respondent)