State of New South Wales v Whaley [2018] NSWSC 759

State of New South Wales v Whaley [2018] NSWSC 759

The statutory preconditions in s 5B(a)-(c) were satisfied and the Court was satisfied to the requisite high degree of probability that, absent appropriate supervision, Mr Whaley posed an unacceptable risk of committing a serious violence offence. That conclusion was based on his bad criminal history including prior violent crimes, profound social deprivation connected with antisocial personality disorder, the wanton violence of the murders, breach of work release conditions, ongoing vulnerability to substance abuse and its probable effect on his mental state, uncertainty about mental illness and diagnosis, and the opinions of Court Appointed Experts and other professionals. An Extended...

Jurisdiction
Australia
Judgment Date
25 May 2018
Procedural Posture
Application for Extended Supervision Order Under S 5 B Crimes (high Risk Offenders) Act 2006 (nsw) / Principal Judgment; Final Determination of Application
Outcome
Application granted; Mark Stephen Whaley made subject to an Extended Supervision Order for 3 years and 6 months with conditions.
Legal Topics
['extended Supervision Order' 'unacceptable Risk of Committing Another Serious Offence' 'serious Violence Offence' 'post Sentence Supervision' 'conditions of Supervision' 'electronic Monitoring' 'curfew']
['civil Law' 'criminal Law' 'high Risk Offenders'] ['extended Supervision Order' 'unacceptable Risk of Committing Another Serious Offence' 'serious Violence Offence' 'post Sentence Supervision' 'conditions of Supervision' 'electronic Monitoring' 'curfew']

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Procedural Posture

Application for Extended Supervision Order Under S 5 B Crimes (high Risk Offenders) Act 2006 (nsw) / Principal Judgment; Final Determination of Application

Legal Issues

  1. 1 ['Whether the Court was satisfied to the necessary high degree of probability that Mark Stephen Whaley poses an unacceptable risk of committing another serious offence if not kept under supervision under an Extended Supervision Order.' 'If an Extended Supervision Order should be made, what duration was appropriate.' 'What conditions should be imposed under s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW), including electronic monitoring and curfew conditions.']

Ratio Decidendi

The statutory preconditions in s 5B(a)-(c) were satisfied and the Court was satisfied to the requisite high degree of probability that, absent appropriate supervision, Mr Whaley posed an unacceptable risk of committing a serious violence offence. That conclusion was based on his bad criminal history including prior violent crimes, profound social deprivation connected with antisocial personality disorder, the wanton violence of the murders, breach of work release conditions, ongoing vulnerability to substance abuse and its probable effect on his mental state, uncertainty about mental illness and diagnosis, and the opinions of Court Appointed Experts and other professionals. An Extended...

Court Disposition

Application granted; Mark Stephen Whaley made subject to an Extended Supervision Order for 3 years and 6 months with conditions.

Orders

  • ['Under s 5B and s 9(1) of the Crimes (High Risk Offenders) Act 2006 Mark Stephen Whaley is subject to an extended supervision order for a period of 3 years and 6 months commencing from 26 May 2018 and expiring on 25 November 2021.' 'Under s 11 of the said Act direct that Mark Stephen Whaley comply with the...