State of New South Wales v Ryan [2023] NSWSC 1138

State of New South Wales v Ryan [2023] NSWSC 1138

Given the expert evidence of entrenched risk factors, non-compliance history, and high risk of reoffending, and balancing the paramount need for community safety with the statutory scheme under the Crimes (High Risk Offenders) Act 2006 (NSW), an extended supervision order of 3 years with the disputed condition 4 is appropriate. The order and its conditions address the unacceptable risk posed and accord with governing principles for such orders.

Jurisdiction
Australia
Judgment Date
19 September 2023
Procedural Posture
Application for Extended Supervision Order / Final Hearing
Outcome
Extended supervision order made for three years; contested condition included; State to bring in short minutes of order.
Legal Topics
['high Risk Offender' 'extended Supervision Order' 'community Safety' 'parole Revocation']
['criminal Law'] ['high Risk Offender' 'extended Supervision Order' 'community Safety' 'parole Revocation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Extended Supervision Order / Final Hearing

Legal Issues

  1. 1 ['Whether an extended supervision order should be made under the Crimes (High Risk Offenders) Act 2006 (NSW)' 'Appropriate duration and conditions of the extended supervision order' 'Assessment of unacceptable risk under s 5B(d) of the Act']

Ratio Decidendi

Given the expert evidence of entrenched risk factors, non-compliance history, and high risk of reoffending, and balancing the paramount need for community safety with the statutory scheme under the Crimes (High Risk Offenders) Act 2006 (NSW), an extended supervision order of 3 years with the disputed condition 4 is appropriate. The order and its conditions address the unacceptable risk posed and accord with governing principles for such orders.

Court Disposition

Extended supervision order made for three years; contested condition included; State to bring in short minutes of order.

Orders

  • ['The State shall bring in Short Minutes of Order reflecting this judgment by 12:00pm on 20 September 2023.' 'Extended supervision order to be made for a period of 3 years from the date of the order upon specified conditions, including condition 4.']