State of New South Wales v Donovan

The matter of *State of New South Wales v Donovan* came before the Court of Appeal of New South Wales concerning an application for a stay of an extended supervision order. The applicant, the State of New South Wales, sought to stay an extended supervision order made by a single judge.

The primary legal issues before the Court were whether to grant a stay of the extended supervision order and, in conjunction with that, whether to make an interim detention order for the respondent pending the hearing of an appeal against the extended supervision order. Central to these considerations was whether the granting of a stay would be consistent with the primary object of the *Crimes (High Risk Offenders) Act 2006* (NSW), which is to ensure the safety and protection of the community.

The Court considered the application for a stay of the extended supervision order and the consequential application for an interim detention order. The Court reasoned that the granting of a stay was appropriate in the circumstances, and consequently, made orders for an interim detention order to be in place. This interim detention order was to commence immediately and expire on a specified date or upon further order of the Court. The Court also issued a warrant for the committal of the respondent to a correctional centre for the duration of this interim detention order and set a date for the further hearing of the matter.