State of New South Wales v Chaplin (No 2) [2019] NSWSC 472

State of New South Wales v Chaplin (No 2) [2019] NSWSC 472

On the expert evidence, the defendant was in a very high risk category for sexual re-offending; the probability of the risk manifesting and the likely harm if it did made that risk unacceptable under the Act. Taking community safety into account, it was appropriate to make an Extended Supervision Order with conditions designed to manage risk and facilitate rehabilitation, for 3 years and 9 months to allow intensive treatment, supervised reintegration, and time for any further application if needed.

Jurisdiction
Australia
Judgment Date
29 April 2019
Procedural Posture
Application for Extended Supervision Order Under the Crimes (high Risk Offenders) Act 2006 (nsw) / Final Hearing; Reasons for Orders Made on 24 December 2018 After an Interim Supervision Order
Outcome
Extended Supervision Order made for 3 years and 9 months with conditions.
Legal Topics
['extended Supervision Order' 'serious Sex Offence' 'unacceptable Risk' 'conditions of Supervision' 'electronic Monitoring' 'anti Libidinal Medication']
['criminal Law' 'high Risk Offenders' 'sex Offences'] ['extended Supervision Order' 'serious Sex Offence' 'unacceptable Risk' 'conditions of Supervision' 'electronic Monitoring' 'anti Libidinal Medication']

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Procedural Posture

Application for Extended Supervision Order Under the Crimes (high Risk Offenders) Act 2006 (nsw) / Final Hearing; Reasons for Orders Made on 24 December 2018 After an Interim Supervision Order

Legal Issues

  1. 1 ['Whether the defendant posed an unacceptable risk of committing further serious sexual offences so as to warrant an Extended Supervision Order.' 'What conditions should be imposed under s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW).' 'What duration of Extended Supervision Order was appropriate.']

Ratio Decidendi

On the expert evidence, the defendant was in a very high risk category for sexual re-offending; the probability of the risk manifesting and the likely harm if it did made that risk unacceptable under the Act. Taking community safety into account, it was appropriate to make an Extended Supervision Order with conditions designed to manage risk and facilitate rehabilitation, for 3 years and 9 months to allow intensive treatment, supervised reintegration, and time for any further application if needed.

Court Disposition

Extended Supervision Order made for 3 years and 9 months with conditions.

Orders

  • ['Pursuant to s 5B and s 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 3 years and 9 months.' 'Pursuant to s 11 of the Act, the defendant is directed, for the period of the Extended Supervision Order, to comply with the...