State of New South Wales v John Tozer [2016] NSWSC 1643

State of New South Wales v John Tozer [2016] NSWSC 1643

Mr Tozer is an offender within the meaning of the Crimes (High Risk Offenders) Act, convicted of a serious violence offence and currently on parole, and the evidence supports the making of a preliminary and interim supervision order as mandatory statutory requirements are satisfied and there is an unacceptable risk...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
11 November 2016
Procedural Posture
Application for Interim Supervision Order Under Crimes (high Risk Offenders) Act / Preliminary Hearing
Outcome
Preliminary and interim supervision orders granted
Legal Topics
['high Risk Violent Offender' 'interim Supervision Order' 'serious Violence Offence']
['civil Law' 'criminal Law'] ['high Risk Violent Offender' 'interim Supervision Order' 'serious Violence Offence']

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Procedural Posture

Application for Interim Supervision Order Under Crimes (high Risk Offenders) Act / Preliminary Hearing

Legal Issues

  1. 1 ['Whether Mr Tozer is an offender to whom the Crimes (High Risk Offenders) Act applies' 'Whether an interim supervision order should be made' 'Whether mandatory considerations under s 9(3) are satisfied']

Ratio Decidendi

Mr Tozer is an offender within the meaning of the Crimes (High Risk Offenders) Act, convicted of a serious violence offence and currently on parole, and the evidence supports the making of a preliminary and interim supervision order as mandatory statutory requirements are satisfied and there is an unacceptable risk of re-offending.

Court Disposition

Preliminary and interim supervision orders granted

Orders

  • ['Interim supervision order to commence 30 November 2016 at conclusion of parole' 'Mr Tozer referred for assessment by one psychiatrist and one registered psychologist, reports to be furnished to Court' 'No mandatory electronic monitoring unless directed by District Supervising Officer' 'Orders entered in accordance...