State of New South Wales v Vincent (Preliminary) (No 2) [2020] NSWSC 590

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Vincent (Preliminary) (No 2) [2020] NSWSC 590 Hearing dates: 20 April 2020 Decision date: 20 May 2020 Jurisdiction: Common Law Before: Ierace J Decision: (1) Set aside the orders made in respect of this matter on 7 May 2020. (2) Dismiss the summons filed by the plaintiff on 8 April 2020. (3) The plaintiff to pay the defendant's costs. (4) Recommend that Corrective Services NSW facilitate and expedite the defendant's commencement of therapeutic programs (such as RUSH and/or CUBIT) whilst he is in custody. (5) 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 in relation to the application for access. Catchwords: HIGH RISK OFFENDER – preliminary hearing – application for interim detention order – whether threshold requirements met – whether defendant is a 'detained offender' or a 'supervised offender' under the Crimes (High Risk Offenders) Act 2006 (NSW) – whether summons was filed not more than 9 months before the end of the defendant's total sentence pursuant to s 13B – defendant is a supervised offender – application brought prematurely – summons dismissed STATUTORY INTERPRETATION – legislative purpose – whether 'total sentence' in s 13B of the Crimes (High Risk Offenders) Act 2006 (NSW) refers only to the custodial element of a sentence – legislation intended to protect the community – conditional release is subject to exercise of powers of the state to protect the community – total sentence encompasses both custodial element and period of conditional release in s 13B Legislation Cited: Crimes (High Risk Offenders) Amendment Act 2017 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW), ss 4, 5C, 5I, 13B, 18A Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes (Serious Sex Offenders) Amendment Act 2010 (NSW) Crimes Act 1900 (NSW) Crimes Act 1914 (Cth), ss 16F, 20, 20A Criminal Appeal Act 1912 (NSW) Criminal Code (Cth) Drug Court Act 1998 (NSW), s 5A Interpretation Act 1987 (NSW), ss 33, 34 Terrorism (High Risk Offenders) Act 2017 (NSW), s 37 Uniform Civil Procedure Rules 2005 (NSW), r 36.16 Cases Cited: Autodesk Inc v Dyason (No 2) (1993) 176 CLR 300; [1993] HCA 6 D151 and Others v New South Wales Crime Commission (2017) 94 NSWLR 738; [2017] NSWCA 143 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 R v Carngham (1978) 140 CLR 487; [1978] HCA 48 State of New South Wales v NW [2019] NSWSC 415 State of New South Wales v TT (Preliminary) [2017] NSWSC 1797 State of NSW v Vincent [2017] NSWSC 858 Weetra v Beshara (1987) 46 SASR 484 Texts Cited: New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 29 March 2006 at 21730 New South Wales Legislative Council, Parliamentary Debates (Hansard), 24 November 2010 at 28042 New South Wales, Sentencing Council, Penalties Relating to Sexual Assault Offences in New South Wales (Volume 3, May 2009) Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) Aaron David Vincent (Defendant) Representation: Counsel: J Emmett; R McEwen (Plaintiff) A Cook (Defendant)