When the State appeals an extended supervision order in favour of a continuing detention order under the Crimes (High Risk Offenders) Act 2006 (NSW), the Court of Appeal may grant a stay and make an interim detention order where the offender continues to exhibit significant risk factors for violent offending, giving primacy to the primary object of the Act (safety and protection of the community) under s 3(1). The arguability of the appeal grounds need not be separately assessed where community safety concerns are sufficiently pressing.
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