State of NSW v Roy De La Torre [2011] NSWSC 1263

State of NSW v Roy De La Torre [2011] NSWSC 1263

The Court was satisfied to a high degree of probability that Mr De La Torre posed an unacceptable risk of committing a serious sex offence if not kept under supervision. The unchallenged psychiatric and risk assessment evidence showed a high risk without treatment and supervision, the community safety considerations supported supervision, Corrective Services evidence showed he could be reasonably and practically managed in the community, and the expert evidence supported a five-year period to secure accommodation, consolidate treatment gains and monitor risk. The proposed accommodation condition was refused because it would interfere with a soundly based Corrective Services policy,...

Jurisdiction
Australia
Judgment Date
28 October 2011
Procedural Posture
Application for an Extended Supervision Order Under the Crimes (serious Sex Offenders) Act 2006 / Final Hearing of Amended Summons
Outcome
Application granted; extended supervision order made for five years with the State's proposed conditions; respondent's proposed additional accommodation condition refused.
Legal Topics
['extended Supervision Order' 'serious Sex Offender' 'unacceptable Risk of Committing a Serious Sex Offence' 'expert Psychiatric Evidence' 'conditions of Supervision' 'accommodation Condition' 'community Protection and Rehabilitation']
['criminal Law' 'serious Sex Offender Supervision' 'evidence'] ['extended Supervision Order' 'serious Sex Offender' 'unacceptable Risk of Committing a Serious Sex Offence' 'expert Psychiatric Evidence' 'conditions of Supervision' 'accommodation Condition' 'community Protection and Rehabilitation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for an Extended Supervision Order Under the Crimes (serious Sex Offenders) Act 2006 / Final Hearing of Amended Summons

Legal Issues

  1. 1 ['Whether the Court should make an extended supervision order under s 9(1)(a) of the Crimes (Serious Sex Offenders) Act 2006.' 'Whether the period of the extended supervision order should be five years or three years.' 'Whether an additional accommodation condition should be imposed preventing refusal of accommodation by reason only that it has shared kitchen, bathroom, or common room areas.']

Ratio Decidendi

The Court was satisfied to a high degree of probability that Mr De La Torre posed an unacceptable risk of committing a serious sex offence if not kept under supervision. The unchallenged psychiatric and risk assessment evidence showed a high risk without treatment and supervision, the community safety considerations supported supervision, Corrective Services evidence showed he could be reasonably and practically managed in the community, and the expert evidence supported a five-year period to secure accommodation, consolidate treatment gains and monitor risk. The proposed accommodation condition was refused because it would interfere with a soundly based Corrective Services policy,...

Court Disposition

Application granted; extended supervision order made for five years with the State's proposed conditions; respondent's proposed additional accommodation condition refused.

Orders

  • ['Order, pursuant to s 9(1)(a) of the Crimes (Serious Sex Offenders) Act 2006 that Mr De La Torre be subject to an Extended Supervision Order for a period of five years from 28 October 2011.' 'Order pursuant to s 11 of the Crimes (Serious Sex Offenders) Act 2006 that Mr De La Torre comply with the conditions set out...