State of New South Wales v Bowdidge [2011] NSWSC 188

State of New South Wales v Bowdidge [2011] NSWSC 188

Having regard to the defendant's pattern of sexual offending against young girls, high risk of reoffending as established by expert psychiatric and psychological reports, intellectual disability affecting his capacity for self-regulation and rehabilitation, and statutory requirements prioritising community safety, the Court was satisfied to a high degree of probability that he was likely to commit a serious sex offence if not supervised. The competing evidence on the duration of the order was resolved by balancing the defendant's rehabilitation prospects with the paramount need to protect the community, resulting in an order of four years.

Jurisdiction
Australia
Judgment Date
18 March 2011
Procedural Posture
Application for Extended Supervision Order / Final Hearing and Determination
Outcome
Extended supervision order made for four years from the date of the order.
Legal Topics
['extended Supervision Orders' 'serious Sex Offender Management' 'child Protection' 'risk Assessment' 'community Safety']
['criminal Law' 'sentencing' 'public Protection'] ['extended Supervision Orders' 'serious Sex Offender Management' 'child Protection' 'risk Assessment' 'community Safety']

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Procedural Posture

Application for Extended Supervision Order / Final Hearing and Determination

Legal Issues

  1. 1 ['Whether the statutory requirements for making an extended supervision order are satisfied' 'What duration of extended supervision order should be imposed']

Ratio Decidendi

Having regard to the defendant's pattern of sexual offending against young girls, high risk of reoffending as established by expert psychiatric and psychological reports, intellectual disability affecting his capacity for self-regulation and rehabilitation, and statutory requirements prioritising community safety, the Court was satisfied to a high degree of probability that he was likely to commit a serious sex offence if not supervised. The competing evidence on the duration of the order was resolved by balancing the defendant's rehabilitation prospects with the paramount need to protect the community, resulting in an order of four years.

Court Disposition

Extended supervision order made for four years from the date of the order.

Orders

  • ['The defendant is subject to an extended supervision order for four years from 18 March 2011, required to comply with the conditions set out in the Schedule to the amended summons.']