State of NSW v Hunt (Final) [2020] NSWSC 1005

State of NSW v Hunt (Final) [2020] NSWSC 1005

The Court was satisfied to a high degree of probability that the defendant posed a real and unacceptable risk of committing another serious offence if not kept under supervision. That conclusion was based on his entrenched pattern of sexual offending against children, capacity to offend impulsively and with...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
03 August 2020
Procedural Posture
Application for Extended Supervision Order Under the Crimes (high Risk Offenders) Act 2006 (nsw) / Final
Outcome
Extended Supervision Order made for three years with the plaintiff's proposed conditions, including Conditions 5, 6 and 7 requiring a Schedule of Movements if directed.
Legal Topics
['extended Supervision Order' 'unacceptable Risk of Committing a Serious Offence' 'conditions of Supervision' 'electronic Monitoring' 'schedule of Movements' 'community Safety']
['criminal Law' 'high Risk Offenders' 'supervision Orders'] ['extended Supervision Order' 'unacceptable Risk of Committing a Serious Offence' 'conditions of Supervision' 'electronic Monitoring' 'schedule of Movements' 'community Safety']

Source-derived case record

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Procedural Posture

Application for Extended Supervision Order Under the Crimes (high Risk Offenders) Act 2006 (nsw) / Final

Legal Issues

  1. 1 ['Whether the Court was satisfied to a high degree of probability that the defendant posed an unacceptable risk of committing a serious offence if not kept under supervision under s 5B(d) of the Crimes (High Risk Offenders) Act 2006 (NSW).' 'If an Extended Supervision Order was made, what conditions were appropriate under s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW), including whether the defendant should be required to provide a weekly Schedule of Movements.']

Ratio Decidendi

The Court was satisfied to a high degree of probability that the defendant posed a real and unacceptable risk of committing another serious offence if not kept under supervision. That conclusion was based on his entrenched pattern of sexual offending against children, capacity to offend impulsively and with premeditation, actuarial and expert assessments placing him in the Medium-High to High risk range, diagnoses of paedophilia, history of non-compliance, lack of protective community supports, substance abuse risk factors and the early stage of his reintegration. A three-year Extended Supervision Order was appropriate. The plaintiff's proposed scheduling conditions were also appropriate...

Court Disposition

Extended Supervision Order made for three years with the plaintiff's proposed conditions, including Conditions 5, 6 and 7 requiring a Schedule of Movements if directed.

Orders

  • ['The defendant be subject to an Extended Supervision Order for a period of 3 years, commencing 4 August 2020.' 'An order pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW) directing that the defendant for the period of the Extended Supervision Order comply with the conditions in Annexure "A"...