State of New South Wales v Mills (No 2) [2017] NSWSC 1442

State of New South Wales v Mills (No 2) [2017] NSWSC 1442

Mr Mills is a high risk violent offender as defined by the Crimes (High Risk Offenders) Act 2006. The Court has jurisdiction to impose an extended supervision order with conditions directed at mitigating the risk of further serious violence offences, but, in the absence of an unacceptable risk of serious sex offending, does not impose conditions relating thereto. Certain contested conditions (electronic monitoring, mandatory employment, absolute alcohol prohibition, some association, internet, and sexually explicit material restrictions) were rejected or modified to only reflect risk mitigation for violence offences. The order is made for three years.

Jurisdiction
Australia
Judgment Date
25 October 2017
Procedural Posture
Application for Extended Supervision Order / Final Determination and Orders
Outcome
Extended supervision order granted for three years with specified conditions.
Legal Topics
['extended Supervision Orders' 'high Risk Violent Offenders' 'risk Assessment' 'orders and Conditions' 'jurisdiction Under Crimes (high Risk Offenders) Act 2006']
['criminal Law' 'sentencing and Supervision'] ['extended Supervision Orders' 'high Risk Violent Offenders' 'risk Assessment' 'orders and Conditions' 'jurisdiction Under Crimes (high Risk Offenders) Act 2006']

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Procedural Posture

Application for Extended Supervision Order / Final Determination and Orders

Legal Issues

  1. 1 ['Whether the defendant is a high risk violent offender as defined by the Crimes (High Risk Offenders) Act 2006' 'Whether the Court has jurisdiction to impose conditions related to later sexual offending under an application for a violent offender ESO' 'Whether certain conditions (e.g. relating to employment, alcohol, electronic monitoring, associations, internet use) are appropriate and justified']

Ratio Decidendi

Mr Mills is a high risk violent offender as defined by the Crimes (High Risk Offenders) Act 2006. The Court has jurisdiction to impose an extended supervision order with conditions directed at mitigating the risk of further serious violence offences, but, in the absence of an unacceptable risk of serious sex offending, does not impose conditions relating thereto. Certain contested conditions (electronic monitoring, mandatory employment, absolute alcohol prohibition, some association, internet, and sexually explicit material restrictions) were rejected or modified to only reflect risk mitigation for violence offences. The order is made for three years.

Court Disposition

Extended supervision order granted for three years with specified conditions.

Orders

  • ['Plaintiff has leave to file the Amended Summons provisionally filed on 2 August 2017.' 'Defendant Patrick Michael Mills to be subject to an extended supervision order under s 5F and s 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 for three years from the date of the order.' 'Defendant to comply, for the...