State of New South Wales v Manners [2008] NSWSC 1242

State of New South Wales v Manners [2008] NSWSC 1242

The Defendant was a sex offender serving a relevant sentence for a serious sex offence and was on parole within the meaning of the Act; the application was brought within the permitted six-month period and was supported by documentation satisfying s.6(3), including the report of Mr Sheehan. Having considered the s.9(3) factors, including the Defendant's criminal history, pattern of sexual offending against young girls, treatment history, Static 99 high-risk assessments, professional assessments of high risk, and concerns about supervision, the Court was satisfied that the matters alleged in the supporting documentation would, if proved, justify the making of an extended supervision order....

Jurisdiction
Australia
Judgment Date
07 November 2008
Procedural Posture
Application for an Extended Supervision Order Under the Crimes (serious Sex Offenders) Act 2006 / Preliminary Hearing Under S.7(3) Seeking Orders Under S.7(4) for Psychiatric Examinations
Outcome
Orders made under s.7(4) appointing two qualified psychiatrists to examine the Defendant and directing the Defendant to attend; directions made for evidence, submissions, final hearing and liberty to apply.
Legal Topics
['extended Supervision Order' 'preliminary Hearing' 'psychiatric Examination' 'likelihood of Further Serious Sex Offences' 'parole']
['criminal Law' 'serious Sex Offenders' 'public Protection'] ['extended Supervision Order' 'preliminary Hearing' 'psychiatric Examination' 'likelihood of Further Serious Sex Offences' 'parole']

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Procedural Posture

Application for an Extended Supervision Order Under the Crimes (serious Sex Offenders) Act 2006 / Preliminary Hearing Under S.7(3) Seeking Orders Under S.7(4) for Psychiatric Examinations

Legal Issues

  1. 1 ['Whether the matters alleged in the supporting documentation would, if proved, justify the making of an extended supervision order for the purpose of s.7(4) of the Crimes (Serious Sex Offenders) Act 2006.' 'Whether the application was supported by documentation satisfying s.6(3), including a psychological report assessing the likelihood of the Defendant committing further serious sex offences.' 'Whether orders should be made appointing psychiatrists to examine the Defendant and directing him to attend those examinations.']

Ratio Decidendi

The Defendant was a sex offender serving a relevant sentence for a serious sex offence and was on parole within the meaning of the Act; the application was brought within the permitted six-month period and was supported by documentation satisfying s.6(3), including the report of Mr Sheehan. Having considered the s.9(3) factors, including the Defendant's criminal history, pattern of sexual offending against young girls, treatment history, Static 99 high-risk assessments, professional assessments of high risk, and concerns about supervision, the Court was satisfied that the matters alleged in the supporting documentation would, if proved, justify the making of an extended supervision order....

Court Disposition

Orders made under s.7(4) appointing two qualified psychiatrists to examine the Defendant and directing the Defendant to attend; directions made for evidence, submissions, final hearing and liberty to apply.

Orders

  • ["Pursuant to s.7(4) of the Crimes (Serious Sex Offenders) Act 2006, two qualified psychiatrists are appointed to conduct separate psychiatric examinations of the Defendant, Andrew Robert Manners, and to furnish reports to the Supreme Court (by provision to the Plaintiff's solicitor) on the results of those...