Tannous v NSW

(2020) 103 NSWLR 183; [2020] NSWCA 261

NSW Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing and orders
3. › Post-sentence orders
4. › Extended supervision orders
5. › Duration of order
6. › Whether gateway provision limits duration
7. › Whether unacceptable risk must subsist throughout duration of order
8. › Crimes (High Risk Offenders) Act 2006 (NSW), ss 5B, 9, 10, 13
1. Statutory Construction
2. › Objects clause
3. › Use of statutory statement of objects as aid to construction
4. › Whether objects clause can impose constraints on operative provision not appearing in provision itself
5. › Crimes (High Risk Offenders) Act 2006 (NSW), s 3
1. Statutory Construction
2. › Principle of legality
3. › Clear statement rule
4. › Right to liberty
5. › Whether principle of legality requires reading down power to make extended supervision order
6. › Crimes (High Risk Offenders) Act 2006 (NSW), s 5B

Quick Take

Practitioners seeking to limit the duration of extended supervision orders under the Crimes (High Risk Offenders) Act 2006 (NSW) cannot rely on s 5B(d) as imposing a durational limitation; arguments about duration must be directed to the discretionary considerations under s 9.