State of New South Wales v DK (Preliminary) [2022] NSWSC 993

State of New South Wales v DK (Preliminary) [2022] NSWSC 993

The supporting material, taken at its highest at the preliminary hearing stage, would justify an extended supervision order: the defendant was an offender and supervised offender, the statutory application requirements were met, and the psychiatric and psychological evidence showed a high risk of sexual reoffending,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
26 July 2022
Procedural Posture
Application Under the Crimes (high Risk Offenders) Act 2006 (nsw) for Interim and Final Orders, Including an Extended Supervision Order / Preliminary Hearing for Interim Supervision Order and S 7(4) Examination Orders
Outcome
Application for interim relief granted.
Legal Topics
['interim Supervision Order' 'extended Supervision Order' 'serious Sexual Offending' 'unacceptable Risk' 'supervision Conditions' 'psychiatric and Psychological Examinations']
['criminal Law' 'high Risk Offenders' 'sex Offenders' 'protective Orders'] ['interim Supervision Order' 'extended Supervision Order' 'serious Sexual Offending' 'unacceptable Risk' 'supervision Conditions' 'psychiatric and Psychological Examinations']

Source-derived case record

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Procedural Posture

Application Under the Crimes (high Risk Offenders) Act 2006 (nsw) for Interim and Final Orders, Including an Extended Supervision Order / Preliminary Hearing for Interim Supervision Order and S 7(4) Examination Orders

Legal Issues

  1. 1 ['Whether the matters alleged in the supporting documentation would, if proved, justify the making of an extended supervision order under the Crimes (High Risk Offenders) Act 2006 (NSW).' "Whether the defendant's current supervision would expire before the extended supervision order proceedings were determined, justifying an interim supervision order under s 10A of the Act." 'Whether the defendant posed an unacceptable risk of committing another serious offence if not kept under supervision.' 'Whether proposed supervision conditions, including scheduling conditions and a condition regulating association with children, were appropriate.']

Ratio Decidendi

The supporting material, taken at its highest at the preliminary hearing stage, would justify an extended supervision order: the defendant was an offender and supervised offender, the statutory application requirements were met, and the psychiatric and psychological evidence showed a high risk of sexual reoffending, ongoing intrusive deviant sexual thoughts about children despite anti-libidinal medication, limited treatment efficacy, impulsivity, self-harm linked to sexualised thoughts, and little meaningful change in risk factors. Because the current ESO was due to expire on 31 July 2022 before final determination, an interim supervision order was warranted. The proposed conditions,...

Court Disposition

Application for interim relief granted.

Orders

  • ['An order pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 (NSW) appointing two qualified psychiatrists and/or registered psychologists, or any combination of two such persons, to conduct separate psychiatric and/or psychological examinations of the defendant and to furnish reports to the Supreme...