Lynn v NSW

(2016) 91 NSWLR 636; [2016] NSWCA 57

NSW Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Extended supervision orders
3. › High risk violent offenders
4. › Construction of 'unacceptable risk'
5. › Whether offender's personal liberty relevant to assessment of unacceptable risk
6. › Crimes (High Risk Offenders) Act 2006 (NSW), ss 5E(2), 5F, 5G, 9
1. Statutory Construction
2. › Recourse to statutory statement of objects as aid to construction
3. › Whether objects clause controls clear statutory language
4. › Context and purpose in statutory interpretation
5. › Crimes (High Risk Offenders) Act 2006 (NSW), s 3
1. Practice and Procedure
2. › Appeals
3. › Extension of time for filing summons for leave to appeal
4. › Applicant's liberty at stake
5. › Delay in delivery of reasons for judgment
6. › Uniform Civil Procedure Rules 2005 (NSW), r 1.12
1. Practice and Procedure
2. › Appeals
3. › Nature of appeal under specific statute
4. › Whether appeal by way of rehearing
5. › Powers of Court of Appeal on appeal
6. › Crimes (High Risk Offenders) Act 2006 (NSW), s 22
7. › Supreme Court Act 1970 (NSW), ss 75A, 101

Quick Take

Practitioners acting for offenders subject to applications under the Crimes (High Risk Offenders) Act 2006 (NSW) should note that the offender's right to personal liberty is not relevant to the threshold assessment of 'unacceptable risk' under s 5E(2), but is relevant at the discretionary stage under s 9 and particularly in formulating conditions.