Lynn v NSW

[2019] NSWCA 300

NSW Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › High risk offenders
3. › Continuing detention order
4. › Preconditions for making order
5. › Serious violence offence
6. › Whether conviction for manslaughter on basis of excessive self-defence constitutes serious violence offence
7. › Crimes (High Risk Offenders) Act 2006 (NSW), ss 5A, 5C
1. Criminal Law
2. › High risk offenders
3. › Continuing detention order
4. › Commencement and term of order
5. › Whether error in not specifying commencement date
6. › Operation of s 18 where offender in lawful custody under other Act
7. › Crimes (High Risk Offenders) Act 2006 (NSW), ss 13B, 18
1. Criminal Law
2. › High risk offenders
3. › Continuing detention order
4. › Assessment of risk
5. › Whether errors in criminal record and summaries provided to experts vitiated risk assessment
6. › Whether primary judge erred in exercise of discretion
7. › Crimes (High Risk Offenders) Act 2006 (NSW), ss 5C(d), 17

Quick Take

A conviction for manslaughter on the basis of excessive self-defence necessarily comprehends all elements of murder and constitutes a 'serious violence offence' under s 5A of the Crimes (High Risk Offenders) Act 2006 (NSW), satisfying the precondition for a continuing detention order.