State of New South Wales v Ryan (Final) [2023] NSWSC 1062

State of New South Wales v Ryan (Final) [2023] NSWSC 1062

The statutory preconditions in s 5B(a)-(c) were satisfied and the Court was satisfied to a high degree of probability that the defendant posed an unacceptable risk of committing another serious offence if not kept under supervision. The defendant's history of serious violence, substance abuse, mental health and cognitive issues, expert reports assessing him as high risk for future violent offending, and the need for intensive structured management in the community justified an extended supervision order. Condition 13 was appropriate because illicit drug use significantly contributed to the defendant's violent offending and risk profile, but it should include a note recommending...

Jurisdiction
Australia
Judgment Date
05 September 2023
Procedural Posture
Application for Extended Supervision Order Pursuant to the Crimes (high Risk Offenders) Act 2006 (nsw) / Final Hearing
Outcome
Extended supervision order made; disputed conditions 13 and 38 resolved in amended form; State directed to bring in Short Minutes of Order.
Legal Topics
['extended Supervision Order' 'unacceptable Risk of Committing Another Serious Offence' 'conditions of Supervision' 'substance Use and Rehabilitation' 'information Sharing in Supervision']
['criminal Law' 'high Risk Offenders' 'community Supervision'] ['extended Supervision Order' 'unacceptable Risk of Committing Another Serious Offence' 'conditions of Supervision' 'substance Use and Rehabilitation' 'information Sharing in Supervision']

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Procedural Posture

Application for Extended Supervision Order Pursuant to the Crimes (high Risk Offenders) Act 2006 (nsw) / Final Hearing

Legal Issues

  1. 1 ['Whether the Court should make an extended supervision order under s 5B of the Crimes (High Risk Offenders) Act 2006 (NSW).' 'Whether the defendant posed an unacceptable risk of committing another serious offence if not kept under supervision under the order.' 'Whether proposed condition 13 concerning prohibited drug use or possession should be imposed, deleted, or amended.' 'Whether proposed condition 38 concerning information sharing between persons and agencies involved in supervision should be imposed or amended.']

Ratio Decidendi

The statutory preconditions in s 5B(a)-(c) were satisfied and the Court was satisfied to a high degree of probability that the defendant posed an unacceptable risk of committing another serious offence if not kept under supervision. The defendant's history of serious violence, substance abuse, mental health and cognitive issues, expert reports assessing him as high risk for future violent offending, and the need for intensive structured management in the community justified an extended supervision order. Condition 13 was appropriate because illicit drug use significantly contributed to the defendant's violent offending and risk profile, but it should include a note recommending...

Court Disposition

Extended supervision order made; disputed conditions 13 and 38 resolved in amended form; State directed to bring in Short Minutes of Order.

Orders

  • ['The State shall bring in Short Minutes of Order reflecting this judgment by 4pm, Tuesday 5 September 2023.' 'Condition 13 is to provide that the defendant must not use or possess prohibited drugs, or abuse drugs unlawfully obtained, with discretion to direct further treatment rather than breach proceedings under s...