State of New South Wales v Christopher Roy Lee [2018] NSWSC 473

State of New South Wales v Christopher Roy Lee [2018] NSWSC 473

The defendant satisfied the statutory criteria for an extended supervision order because he had served a sentence for murder, a serious violence offence, was a supervised offender by reason of the interim supervision order, and the application was properly made under the Act. Having regard to the brutality and sexual component of the murder, the later serious sexual offending committed while on parole, the role of alcohol, the defendant's denial of culpability, and expert evidence that he presented ongoing risk, the Court was satisfied to a high degree of probability that he posed an unacceptable risk of committing another serious offence if not kept under supervision. Conditions...

Jurisdiction
Australia
Judgment Date
20 March 2018
Procedural Posture
Application for an Extended Supervision Order Under the Crimes (high Risk Offenders) Act 2006 (nsw) / Final Hearing; Ex Tempore Principal Judgment After Interim Supervision Orders
Outcome
Extended supervision order made for 3 years from 20 March 2018, with conditions under s 11 and restricted access to the Court file.
Legal Topics
['extended Supervision Order' 'serious Violence Offence' 'sexual Offending' 'unacceptable Risk' 'conditions of Supervision' 'community Safety' 'rehabilitation']
['civil Law' 'high Risk Offenders'] ['extended Supervision Order' 'serious Violence Offence' 'sexual Offending' 'unacceptable Risk' 'conditions of Supervision' 'community Safety' 'rehabilitation']

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Procedural Posture

Application for an Extended Supervision Order Under the Crimes (high Risk Offenders) Act 2006 (nsw) / Final Hearing; Ex Tempore Principal Judgment After Interim Supervision Orders

Legal Issues

  1. 1 ['Whether the statutory prerequisites for an extended supervision order under s 5B of the Crimes (High Risk Offenders) Act 2006 (NSW) were established.' 'Whether 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.' "What conditions were appropriate under s 11 of the Act, including conditions concerning schedules of movement, women staying at the defendant's approved address, and electronic devices and internet access." 'What duration of extended supervision order was appropriate.']

Ratio Decidendi

The defendant satisfied the statutory criteria for an extended supervision order because he had served a sentence for murder, a serious violence offence, was a supervised offender by reason of the interim supervision order, and the application was properly made under the Act. Having regard to the brutality and sexual component of the murder, the later serious sexual offending committed while on parole, the role of alcohol, the defendant's denial of culpability, and expert evidence that he presented ongoing risk, the Court was satisfied to a high degree of probability that he posed an unacceptable risk of committing another serious offence if not kept under supervision. Conditions...

Court Disposition

Extended supervision order made for 3 years from 20 March 2018, with conditions under s 11 and restricted access to the Court file.

Orders

  • ['Pursuant to s 5B and s 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 from 20 March 2018.' 'Pursuant to s 11 of the Act, the defendant is to comply with the conditions set out in the schedule of conditions attached to...