State of New South Wales v Webster (No 2) [2016] NSWSC 1463

State of New South Wales v Webster (No 2) [2016] NSWSC 1463

Given the defendant's entrenched Sexual Sadism Disorder, lack of insight, continued risk as assessed by two independent experts and his criminal history, the Court is satisfied he poses an unacceptable risk if not supervised. The Court determines that a five-year ESO is necessary to protect the community and manage...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 October 2016
Procedural Posture
Application for Extended Supervision Order / Final Hearing and Orders
Outcome
Extended supervision order granted for five years with specified conditions
Legal Topics
['extended Supervision Orders' 'high Risk Sex Offenders' 'crimes (high Risk Offenders) Act 2006 (nsw)' 'risk Assessment' 'duration of Supervision Orders']
['criminal Law' 'public Protection'] ['extended Supervision Orders' 'high Risk Sex Offenders' 'crimes (high Risk Offenders) Act 2006 (nsw)' 'risk Assessment' 'duration of Supervision Orders']

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Procedural Posture

Application for Extended Supervision Order / Final Hearing and Orders

Legal Issues

  1. 1 ['Whether the defendant is a high risk sex offender under s 5B of the Act' 'Whether an extended supervision order (ESO) should be made and on what conditions' 'Appropriate duration of an ESO under s 10']

Ratio Decidendi

Given the defendant's entrenched Sexual Sadism Disorder, lack of insight, continued risk as assessed by two independent experts and his criminal history, the Court is satisfied he poses an unacceptable risk if not supervised. The Court determines that a five-year ESO is necessary to protect the community and manage the risk, rejecting arguments for a lesser duration as not supported by the expert diagnoses.

Court Disposition

Extended supervision order granted for five years with specified conditions

Orders

  • ['Make an extended supervision order for a period of five years commencing 14 October 2016 and expiring 13 October 2021' 'Direct the defendant to comply with the schedule of conditions for the ESO' 'Interim supervision order made on 12 October 2016 expires and ceases to have effect']