An appeal from a refusal to make an interim detention order under the Crimes (High Risk Offenders) Act 2006 (NSW) requires leave under s 101(2)(e) of the Supreme Court Act 1970 (NSW), and the statutory leave requirement has substantive content: a submission that the primary judge erred in assessing risk to the community does not, without more, raise a question of principle or general importance warranting leave. The choice between an interim detention order and an interim supervision order is an evaluative judgment attracting appellate restraint under the Donovan/Francis approach.
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