State of New South Wales v Ley Thomas Baker (No 2) [2015] NSWSC 483

State of New South Wales v Ley Thomas Baker (No 2) [2015] NSWSC 483

The Court was satisfied to a high degree of probability that the defendant posed an unacceptable risk of committing a serious sex offence if not kept under supervision, having regard to his repeated pattern of serious sexual offending, past offending while on parole, psychiatric evidence diagnosing chronic sexual sadism and assessing ongoing risk, and risk assessment material. A three-year extended supervision order was appropriate, with amended written-reasons requirements for directions concerning electronic monitoring, movement scheduling and curfew, and with the medication condition retained because the defendant retained the right to refuse anti-psychotic and anti-libidinal...

Jurisdiction
Australia
Judgment Date
29 April 2015
Procedural Posture
Application for a High Risk Sex Offender Extended Supervision Order Under the Crimes (high Risk Offenders) Act 2006 / Principal Judgment Giving Reasons for a Substantive Extended Supervision Order
Outcome
Extended supervision order made for three years with conditions.
Legal Topics
['extended Supervision Orders' 'high Risk Sex Offenders' 'unacceptable Risk of Re Offending' 'conditions of Supervision' 'electronic Monitoring' 'curfew' 'medication Conditions']
['criminal Law' 'sentencing and Post Sentence Supervision'] ['extended Supervision Orders' 'high Risk Sex Offenders' 'unacceptable Risk of Re Offending' 'conditions of Supervision' 'electronic Monitoring' 'curfew' 'medication Conditions']

Case Brief

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Procedural Posture

Application for a High Risk Sex Offender Extended Supervision Order Under the Crimes (high Risk Offenders) Act 2006 / Principal Judgment Giving Reasons for a Substantive Extended Supervision Order

Legal Issues

  1. 1 ['Whether the defendant was a high risk sex offender who posed an unacceptable risk of committing a serious sex offence if not kept under supervision.' 'What period of extended supervision order was appropriate.' 'Whether proposed conditions concerning electronic monitoring, advance scheduling of movements, curfew and medication were appropriate.']

Ratio Decidendi

The Court was satisfied to a high degree of probability that the defendant posed an unacceptable risk of committing a serious sex offence if not kept under supervision, having regard to his repeated pattern of serious sexual offending, past offending while on parole, psychiatric evidence diagnosing chronic sexual sadism and assessing ongoing risk, and risk assessment material. A three-year extended supervision order was appropriate, with amended written-reasons requirements for directions concerning electronic monitoring, movement scheduling and curfew, and with the medication condition retained because the defendant retained the right to refuse anti-psychotic and anti-libidinal...

Court Disposition

Extended supervision order made for three years with conditions.

Orders

  • ['Pursuant to s 5C and s 9(1)(a) of the Crimes (High Risk Offenders) Act 2006, the defendant be subject to a high risk sex offender extended supervision order for a period of three years from the date of the order.' 'Pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006, the defendant, for the period of the...