Turner v NSW

[2019] NSWCA 164

NSW Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › High risk offenders
3. › Post-sentence preventive detention
4. › Interim detention order
5. › Whether offender must be in lawful custody when interim detention order made or renewed
6. › Crimes (High Risk Offenders) Act 2006 (NSW), ss 5C, 13B, 18A, 18C
1. Statutory Interpretation
2. › Implied limitation on powers of superior court
3. › Purposive interpretation not supportive of limitation
4. › Effect of earlier precedent inconsistent with implied limitation
5. › Subsequent amendments leaving unchanged provisions the subject of earlier judicial determination

Quick Take

An interim detention order under s 18A of the Crimes (High Risk Offenders) Act 2006 (NSW) can be made or renewed in respect of a person who is not in lawful custody, provided proceedings for a continuing detention order are pending; there is no requirement for continuity of detention between IDOs.