State of New South Wales v BG (a pseudonym) (Final) [2022] NSWSC 1531

State of New South Wales v BG (a pseudonym) (Final) [2022] NSWSC 1531

The threshold requirements in s 5B(a)-(c) were satisfied and, having regard to the expert and other evidence, the Court was satisfied to a high degree of probability that without supervision the defendant posed an unacceptable risk of committing another serious sex offence involving a female child. Although the court-appointed experts assessed the risk in the moderate or below average to average range, the defendant's history of repeated serious sexual offending against female children, evidence of sexual arousal to pre-pubescent children, personality disorder, lack of insight, failure to engage in treatment, past alcohol misuse linked to offending, limited offence-free time in the...

Jurisdiction
Australia
Judgment Date
10 November 2022
Procedural Posture
Application for an Extended Supervision Order Under the Crimes (high Risk Offenders) Act 2006 (nsw) / Final Hearing
Outcome
Application granted; extended supervision order made for three years subject to conditions.
Legal Topics
['extended Supervision Order' 'serious Sex Offender' 'unacceptable Risk' 'community Safety' 'conditions of Supervision' 'risk Assessment']
['high Risk Offenders' 'criminal Law' 'sex Offences' 'civil Preventive Orders'] ['extended Supervision Order' 'serious Sex Offender' 'unacceptable Risk' 'community Safety' 'conditions of Supervision' 'risk Assessment']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the defendant should be made subject to an extended supervision order.' 'Whether the Court was satisfied to a high degree of probability that the defendant posed an unacceptable risk of committing another serious sex offence if not kept under supervision.' 'If an extended supervision order were made, what duration was appropriate.' 'If an extended supervision order were made, what conditions were appropriate.']

Ratio Decidendi

The threshold requirements in s 5B(a)-(c) were satisfied and, having regard to the expert and other evidence, the Court was satisfied to a high degree of probability that without supervision the defendant posed an unacceptable risk of committing another serious sex offence involving a female child. Although the court-appointed experts assessed the risk in the moderate or below average to average range, the defendant's history of repeated serious sexual offending against female children, evidence of sexual arousal to pre-pubescent children, personality disorder, lack of insight, failure to engage in treatment, past alcohol misuse linked to offending, limited offence-free time in the...

Court Disposition

Application granted; extended supervision order made for three years subject to conditions.

Orders

  • ['Pursuant to ss 5B and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW), the defendant is subject to an extended supervision order for a period of three years commencing on 10 November 2022.' 'Pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW), the defendant must comply with the...