State of New South Wales v Thomas (Final) [2022] NSWSC 1338

State of New South Wales v Thomas (Final) [2022] NSWSC 1338

The evidence establishes to a high degree of probability that Mr Thomas poses an unacceptable risk of committing another serious sexual offence if not kept under supervision. An extended supervision order for 4 years is warranted to ensure community safety, with conditions addressing risks identified by expert assessments and prior offending history.

Jurisdiction
Australia
Judgment Date
30 September 2022
Procedural Posture
Application for Extended Supervision Order / Final Hearing
Outcome
extended supervision order made
Legal Topics
['extended Supervision Order' 'high Risk Offender' 'sexual Offending' 'risk Assessment' 'rehabilitation' 'supervision Conditions']
['criminal Law'] ['extended Supervision Order' 'high Risk Offender' 'sexual Offending' 'risk Assessment' 'rehabilitation' 'supervision Conditions']

Case Brief

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Procedural Posture

Application for Extended Supervision Order / Final Hearing

Legal Issues

  1. 1 ['Whether the defendant poses an unacceptable risk of committing another serious sexual offence if not kept under supervision' 'Whether a 4-year extended supervision order should be imposed' 'Appropriate conditions for supervision, including electronic monitoring and non-association']

Ratio Decidendi

The evidence establishes to a high degree of probability that Mr Thomas poses an unacceptable risk of committing another serious sexual offence if not kept under supervision. An extended supervision order for 4 years is warranted to ensure community safety, with conditions addressing risks identified by expert assessments and prior offending history.

Court Disposition

extended supervision order made

Orders

  • ['Pursuant to ss 5B and 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 4 years from midnight 1 October 2022.' 'Pursuant to s 11 of the Act, the defendant, for the period of the extended supervision order, is to comply with the...