State of New South Wales v Ryan (Preliminary) [2023] NSWSC 726

State of New South Wales v Ryan (Preliminary) [2023] NSWSC 726

The defendant's current custody would expire on 3 July 2023 before the proceedings were determined, and the supporting documentation, if proved at the final hearing, would justify the making of an extended supervision order. The conditions in s 5B(a)-(c) were not in issue, and the documentation was capable of supporting satisfaction to a high degree of probability that the defendant posed an unacceptable risk of committing another serious sex offence if not kept under an extended supervision order. That conclusion was supported by his history of child sex offending, breaches of conditional liberty and child protection obligations, actuarial and dynamic risk assessments indicating well...

Jurisdiction
Australia
Judgment Date
28 June 2023
Procedural Posture
Application for an Extended Supervision Order and Interim Supervision Order Under the Crimes (high Risk Offenders) Act 2006 (nsw) / Preliminary Hearing Under S 7(3)
Outcome
Interim supervision order made; expert examinations ordered; supervision conditions imposed as altered or modified; non-party file access restricted; matter listed for mention.
Legal Topics
['interim Supervision Orders' 'extended Supervision Orders' 'serious Sex Offences' 'unacceptable Risk' 'conditions of Supervision' 'interstate Child Protection Prohibition Orders']
['criminal Law' 'high Risk Offenders' 'child Protection'] ['interim Supervision Orders' 'extended Supervision Orders' 'serious Sex Offences' 'unacceptable Risk' 'conditions of Supervision' 'interstate Child Protection Prohibition Orders']

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Procedural Posture

Application for an Extended Supervision Order and Interim Supervision Order Under the Crimes (high Risk Offenders) Act 2006 (nsw) / Preliminary Hearing Under S 7(3)

Legal Issues

  1. 1 ['Whether the supporting documentation, if proved at the final hearing, would justify making an extended supervision order under ss 5B and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW).' 'Whether the Court should appoint qualified experts and direct the defendant to attend examinations under s 7(4) of the Crimes (High Risk Offenders) Act 2006 (NSW).' "Whether an interim supervision order should be made under s 10A of the Crimes (High Risk Offenders) Act 2006 (NSW) after the expiry of the defendant's sentence of imprisonment." 'What conditions should apply during the interim supervision order.']

Ratio Decidendi

The defendant's current custody would expire on 3 July 2023 before the proceedings were determined, and the supporting documentation, if proved at the final hearing, would justify the making of an extended supervision order. The conditions in s 5B(a)-(c) were not in issue, and the documentation was capable of supporting satisfaction to a high degree of probability that the defendant posed an unacceptable risk of committing another serious sex offence if not kept under an extended supervision order. That conclusion was supported by his history of child sex offending, breaches of conditional liberty and child protection obligations, actuarial and dynamic risk assessments indicating well...

Court Disposition

Interim supervision order made; expert examinations ordered; supervision conditions imposed as altered or modified; non-party file access restricted; matter listed for mention.

Orders

  • ['Under s 7(4) Crimes (High Risk Offenders) Act 2006 (NSW), appoint two qualified psychiatrists, or two registered psychologists, or a combination of both professions, to conduct separate examinations of the defendant and furnish reports to the Supreme Court on the results of those examinations within 3 weeks of the...