State of New South Wales v DJM (final) [2023] NSWSC 337

State of New South Wales v DJM (final) [2023] NSWSC 337

The defendant satisfied the formal statutory criteria for an extended supervision order because he had served a sentence of imprisonment for serious offences, was a supervised offender when the summons was filed, and the application was filed during the relevant parole period. Expert and Corrective Services evidence showed an above average risk of reoffending, paedophilic disorder or hebephilia, poor insight, cognitive distortions, past child sexual offending in familial contexts, and insufficient protection from registration alone. The Court was satisfied to a high degree of probability that the defendant posed an unacceptable risk of committing another serious offence of a similar type...

Jurisdiction
Australia
Judgment Date
03 April 2023
Procedural Posture
Application for an Extended Supervision Order Under the Crimes (high Risk Offenders) Act 2006 (nsw) / Final Hearing of Summons Filed 24 October 2022
Outcome
Extended supervision order made for 2 years commencing 6 April 2023, with the defendant required to comply with the conditions in schedule A to the amended summons.
Legal Topics
['extended Supervision Order' 'serious Sex Offence Risk Assessment' 'unacceptable Risk of Reoffending' 'conditions of Supervision' 'child Sexual Offending']
['criminal Law' 'high Risk Offenders' 'supervision Orders'] ['extended Supervision Order' 'serious Sex Offence Risk Assessment' 'unacceptable Risk of Reoffending' 'conditions of Supervision' 'child Sexual Offending']

Case Brief

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Procedural Posture

Application for an Extended Supervision Order Under the Crimes (high Risk Offenders) Act 2006 (nsw) / Final Hearing of Summons Filed 24 October 2022

Legal Issues

  1. 1 ['Whether the defendant was an offender who had served a sentence of imprisonment for a serious offence within s 5B(a) of the Crimes (High Risk Offenders) Act 2006 (NSW).' 'Whether the defendant was a supervised offender within s 5B(b) and s 5I of the Crimes (High Risk Offenders) Act 2006 (NSW).' "Whether the plaintiff's application was made in accordance with s 5I for the purposes of s 5B(c)." 'Whether the Court was satisfied to a high degree of probability that the defendant posed an unacceptable risk of committing another offence if not kept under supervision under an extended supervision order.' "Whether condition 11 should require prior approval from the Departmental Supervising Officer before any person stayed overnight at the defendant's address."]

Ratio Decidendi

The defendant satisfied the formal statutory criteria for an extended supervision order because he had served a sentence of imprisonment for serious offences, was a supervised offender when the summons was filed, and the application was filed during the relevant parole period. Expert and Corrective Services evidence showed an above average risk of reoffending, paedophilic disorder or hebephilia, poor insight, cognitive distortions, past child sexual offending in familial contexts, and insufficient protection from registration alone. The Court was satisfied to a high degree of probability that the defendant posed an unacceptable risk of committing another serious offence of a similar type...

Court Disposition

Extended supervision order made for 2 years commencing 6 April 2023, with the defendant required to comply with the conditions in schedule A to the amended summons.

Orders

  • ['Order pursuant to ss 5B and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 that the defendant be subject to an extended supervision order for a period of 2 years commencing 6 April 2023.' 'Order pursuant to s 11 of the Act directing that the defendant for the period of the extended supervision order comply...