STATE OF NEW SOUTH WALES v THOMAS [2008] NSWSC 1340

STATE OF NEW SOUTH WALES v THOMAS [2008] NSWSC 1340

The Court was not satisfied to a high degree of probability that the defendant is likely to commit a further serious sex offence if he is kept under supervision, nor that adequate supervision will not be provided by an extended supervision order. Therefore, the proper order is to subject the defendant to an extended supervision order with strict conditions, rather than continuing detention.

Jurisdiction
Australia
Judgment Date
12 December 2008
Procedural Posture
Application for Extended Supervision Order or Continuing Detention Order / Final Judgment
Outcome
Extended supervision order granted for 12 months with conditions; liberty to apply granted.
Legal Topics
['extended Supervision Orders' 'serious Sex Offenders' 'protective Detention' 'risk Assessment' 'standard of Proof' 'community Safety' 'rehabilitation']
['criminal Law'] ['extended Supervision Orders' 'serious Sex Offenders' 'protective Detention' 'risk Assessment' 'standard of Proof' 'community Safety' 'rehabilitation']

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Procedural Posture

Application for Extended Supervision Order or Continuing Detention Order / Final Judgment

Legal Issues

  1. 1 ['Whether the defendant should be subject to a continuing detention order or an extended supervision order under the Crimes (Serious Sex Offenders) Act 2006 (NSW)' 'Whether the Court is satisfied to a high degree of probability that the defendant is likely to commit a further serious sex offence if not kept under supervision' "Adequacy of supervision available to manage the defendant's risk of re-offending"]

Ratio Decidendi

The Court was not satisfied to a high degree of probability that the defendant is likely to commit a further serious sex offence if he is kept under supervision, nor that adequate supervision will not be provided by an extended supervision order. Therefore, the proper order is to subject the defendant to an extended supervision order with strict conditions, rather than continuing detention.

Court Disposition

Extended supervision order granted for 12 months with conditions; liberty to apply granted.

Orders

  • ['Order that the defendant be subject to an extended supervision order to operate on and from 8 October 2008 for a period of 12 months expiring on 7 October 2009.' 'Pursuant to sections 17(5) and 11 of the Crimes (Serious Sex Offenders) Act 2006 (NSW), direct compliance with conditions set out in the Schedule.'...