State of New South Wales v Russell (Final) [2020] NSWSC 396

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Russell (Final) [2020] NSWSC 396 Hearing dates: 3 and 15 April 2020 Date of orders: 15 April 2020 Decision date: 22 April 2020 Jurisdiction: Common Law Before: N Adams J Decision: (1) Pursuant to ss 5C and 17(1)(b) of the Crimes (High Risk Offenders) Act 2006 (NSW) that the defendant be subject to a continuing detention order for a period of 12 months commencing on 15 April 2020 and expiring on 14 April 2021.

(2) Pursuant to section 20(1) of the Crimes (High Risk Offenders) Act 2006 (NSW) a warrant is to issue for the committal of the defendant to a correctional centre for a period of 12 months commencing on 15 April 2020.

(3) Access to the 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, an, 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 in relation to the application of access. Catchwords: HIGH RISK OFFENDER – serious sex offender – application for continuing detention order– availability of program in custody – safety of community – repeated incarcerations – history of failure to comply with supervision – circumstances of disadvantage – risk of future violent and sexual offending Legislation Cited: Crimes Act 1900 (NSW), s 61, s 61L Crimes (High Risk Offenders) Act 2006(NSW) , s 3, s 4A, s 5C,s 5B, 13B, s 15(2), s 15(3) , s 15(4), s 17 Cases Cited: Anderson v State of New South Wales (2016) 258 A Crim R 381; [2016] NSWCA 86 HT v The Queen [2019] HCA 40 Lynn v State of New South Wales [2016] NSWCA 57 New South Wales v Barrie (Final) [2018] NSWSC 1005 Russell v R [2010] NSWCCA 248 State of New South Wales v Amacha (Final) [2017] NSWSC 799 State of New South Wales v Fisk [2013] NSWSC 364 State of New South Wales v French (Final) [2017] NSWSC 1475 State of New South Wales v Jones [2018] NSWSC 459 State of New South Wales v Kamm [2016] NSWSC 1 State of New South Wales v KAS (Final) [2019] NSWSC 1378 State of New South Wales v Pacey (Final) [2015] NSWSC 1983 State of New South Wales v Russell [2018] NSWSC 1880 State of New South Wales v Russell (Preliminary) [2018] NSWSC 1396 State of New South Wales v Russell (Preliminary) [2019] NSWSC 1717 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 State of New South Wales v Wilde [2014] NSWSC 305 State of New South Wales v Wilmot (Final) [2019] NSWSC 127 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Brett Russell (Defendant) Representation: Counsel: I Fraser (Plaintiff) S Orman-Hales (Defendant)