State of New South Wales v Colebrook [2023] NSWSC 792

State of New South Wales v Colebrook [2023] NSWSC 792

The extended supervision order was revoked because the Court was satisfied on the balance of probabilities that circumstances had changed sufficiently, including the long period since the 1996 index sexual offences, significant changes in the defendant's behaviour and attitude, the absence of further sexual...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 July 2023
Procedural Posture
Application Under S 13(1) of the Crimes (high Risk Offenders) Act 2006 (nsw) to Revoke an Extended Supervision Order / Final Determination of Notice of Motion Filed 27 June 2023
Outcome
Extended supervision order revoked.
Legal Topics
['extended Supervision Orders' 'revocation of Extended Supervision Order' 'unacceptable Risk' 'changed Circumstances' 'serious Sex Offences']
['criminal Law' 'high Risk Offenders' 'post Sentence Supervision'] ['extended Supervision Orders' 'revocation of Extended Supervision Order' 'unacceptable Risk' 'changed Circumstances' 'serious Sex Offences']

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Procedural Posture

Application Under S 13(1) of the Crimes (high Risk Offenders) Act 2006 (nsw) to Revoke an Extended Supervision Order / Final Determination of Notice of Motion Filed 27 June 2023

Legal Issues

  1. 1 ['Whether circumstances had changed sufficiently to render the extended supervision order unnecessary under s 13(1B) of the Crimes (High Risk Offenders) Act 2006 (NSW).' 'Whether the Court could remain satisfied to a high degree of probability that the defendant posed an unacceptable risk of committing another serious offence if not kept under supervision under the extended supervision order.' "Whether revocation was an appropriate exercise of the Court's discretion under s 13(1) of the Crimes (High Risk Offenders) Act 2006 (NSW)."]

Ratio Decidendi

The extended supervision order was revoked because the Court was satisfied on the balance of probabilities that circumstances had changed sufficiently, including the long period since the 1996 index sexual offences, significant changes in the defendant's behaviour and attitude, the absence of further sexual offending or other conduct endangering the community despite periods in the community and some drug and alcohol use, recent assessment evidence showing reduced and largely absent dynamic risk factors, and the existence of an 18-month Community Correction Order providing supervision. In those circumstances the Court could not be satisfied to a high degree of probability that the...

Court Disposition

Extended supervision order revoked.

Orders

  • ['Pursuant to s 13(1) of the Crimes (High Risk Offenders) Act 2006 (NSW), the extended supervision order made by Adamson J on 1 December 2016 in State of NSW v Colebrook [2016] NSWSC 1702 is revoked.']