State of New South Wales v Devries (Preliminary) [2021] NSWSC 949

State of New South Wales v Devries (Preliminary) [2021] NSWSC 949

The documents relied upon by the State, including the psychologist's report and risk assessment results, satisfied the Court that the statutory threshold for an interim supervision order was met. Given the defendant's limited intellectual capacity and the risk of confusion from changing condition wording before the final hearing, the appropriate interim course was to impose conditions based on his existing parole conditions, which he had apparently understood and complied with.

Jurisdiction
Australia
Judgment Date
02 August 2021
Procedural Posture
Proceeding Under the Crimes (high Risk Offenders) Act 2006 (nsw) Seeking an Extended Supervision Order for a High Risk Sex Offender / Preliminary Hearing for Interim Supervision Order Pending Final Hearing
Outcome
Interim supervision order made for 28 days from midnight on 4 August 2021, with examination orders and a suppression/non-publication order.
Legal Topics
['interim Supervision Order' 'extended Supervision Order' 'high Risk Sex Offender' 'conditions of Supervision' 'limited Intellectual Capacity' 'juvenile Offending Non Publication']
['criminal Law' 'high Risk Offenders' 'suppression and Non Publication Orders'] ['interim Supervision Order' 'extended Supervision Order' 'high Risk Sex Offender' 'conditions of Supervision' 'limited Intellectual Capacity' 'juvenile Offending Non Publication']

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Procedural Posture

Proceeding Under the Crimes (high Risk Offenders) Act 2006 (nsw) Seeking an Extended Supervision Order for a High Risk Sex Offender / Preliminary Hearing for Interim Supervision Order Pending Final Hearing

Legal Issues

  1. 1 ['Whether the documents relied upon by the State, assuming their allegations are proved, would justify the making of an extended supervision order.' 'Whether an interim supervision order should be made pending the final hearing.' "What conditions should apply to the interim supervision order given the defendant's limited intellectual capacity and communication difficulties." 'Whether information concerning offences committed by the defendant when he was a juvenile should be suppressed or not published.']

Ratio Decidendi

The documents relied upon by the State, including the psychologist's report and risk assessment results, satisfied the Court that the statutory threshold for an interim supervision order was met. Given the defendant's limited intellectual capacity and the risk of confusion from changing condition wording before the final hearing, the appropriate interim course was to impose conditions based on his existing parole conditions, which he had apparently understood and complied with.

Court Disposition

Interim supervision order made for 28 days from midnight on 4 August 2021, with examination orders and a suppression/non-publication order.

Orders

  • ['Two qualified psychiatrists and/or registered psychologists, or any combination of two such persons, as agreed by the parties are to conduct separate psychiatric and/or psychological examinations of the defendant and furnish reports to the Court by a date agreed by the parties.' 'The defendant is directed to...