State of NSW v CD [2022] NSWSC 61

State of NSW v CD [2022] NSWSC 61

The Court was satisfied to a high degree of probability that the defendant poses an unacceptable risk of committing another serious offence if not kept under supervision by an Extended Supervision Order. The risk, combined with the likely serious consequences for a victim, justifies such an order. The defendant's compliance thus far and available support mechanisms do not sufficiently mitigate the risk. However, in view of proportionality and ability for review, the ESO should be imposed for two years, with appropriate conditions closely aligned to those already in place.

Parties
Plaintiff: State of New South Wales; Defendant: CD
Jurisdiction
Australia
Judgment Date
04 February 2022
Procedural Posture
Application for Extended Supervision Order (eso) Under Crimes (high Risk Offenders) Act 2006 (nsw) / Final Determination
Outcome
Extended Supervision Order made for 2 years
Legal Topics
Extended Supervision Order, High Risk Offenders, Unacceptable Risk, Supervision Conditions, Statutory Interpretation
Criminal Law Extended Supervision Order High Risk Offenders Unacceptable Risk Supervision Conditions Statutory Interpretation

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Parties

State of New South Wales

Plaintiff

CD

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the defendant poses an unacceptable risk of committing a further serious offence if not subject to an ESO
  2. 2 Whether the statutory criteria for making an ESO are met
  3. 3 Appropriate duration and conditions of an ESO

Ratio Decidendi

The Court was satisfied to a high degree of probability that the defendant poses an unacceptable risk of committing another serious offence if not kept under supervision by an Extended Supervision Order. The risk, combined with the likely serious consequences for a victim, justifies such an order. The defendant's compliance thus far and available support mechanisms do not sufficiently mitigate the risk. However, in view of proportionality and ability for review, the ESO should be imposed for two years, with appropriate conditions closely aligned to those already in place.

Court Disposition

Extended Supervision Order made for 2 years

Orders

  • The defendant shall be subject to an Extended Supervision Order for a period of two years from 5 February 2022 (pursuant to ss 5B and 9(1)(a) Crimes (High Risk Offenders) Act 2006 (NSW)).
  • The defendant is directed for the ESO period to comply with the Conditions as set out in the attached Schedule (pursuant to s 11 Crimes (High Risk Offenders) Act 2006 (NSW)).