Davie v State of New South Wales

The appellant, Davie, appealed to the Court of Appeal of New South Wales against a continuing detention order made by the primary judge under the Crimes (High Risk Offenders) Act 2006 (NSW). The primary judge had found that there was a high risk of the offender committing further serious sexual offences upon release.

The central legal issues before the Court of Appeal were whether the primary judge erred in failing to have regard to relevant matters when making the continuing detention order, and whether the primary judge failed to consider exercising his discretion not to make such an order.

The Court of Appeal found no errors in the primary judge's decision. It reasoned that the primary judge had properly considered the relevant matters under the Act and had correctly concluded that there was a high risk of the offender reoffending. The Court held that the primary judge had not failed to consider the exercise of discretion, but rather had exercised that discretion in favour of making the continuing detention order based on the evidence before him.

Consequently, the appeal was dismissed.