State of New South Wales v Presta (Final) [2022] NSWSC 490

State of New South Wales v Presta (Final) [2022] NSWSC 490

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. Although he had not sexually offended for over 23 years and had completed most of a five-year ESO, the planned and sadistic nature of the index...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
28 April 2022
Procedural Posture
Application for Extended Supervision Order Under the Crimes (high Risk Offenders) Act 2006 (nsw) / Final Hearing
Outcome
Extended supervision order made for one year with conditions; access to the Court file restricted.
Legal Topics
['extended Supervision Order' 'unacceptable Risk of Committing Another Serious Offence' 'serious Sex Offence' 'supervision Conditions' 'access to Court File']
['criminal Law' 'high Risk Offenders'] ['extended Supervision Order' 'unacceptable Risk of Committing Another Serious Offence' 'serious Sex Offence' 'supervision Conditions' 'access to Court File']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the defendant posed an unacceptable risk of committing another serious offence if not kept under supervision under an extended supervision order.' 'What period of extended supervision order was appropriate if the statutory test was satisfied.']

Ratio Decidendi

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. Although he had not sexually offended for over 23 years and had completed most of a five-year ESO, the planned and sadistic nature of the index offences meant any similar reoffending would have catastrophic consequences; the recent secretive prescription medication abuse introduced uncertainty about whether his sexual sadism disorder had resolved and showed that his anxiety and mental state were only barely managed. A 12-month ESO, rather than the two years sought, was sufficient to address the immediate issue of...

Court Disposition

Extended supervision order made for one year with conditions; access to the Court file restricted.

Orders

  • ['Pursuant to ss 5B and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW), the defendant be subject to an extended supervision order for a period of one year from the date of the order.' 'Pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW), the defendant, for the period of the extended...