State of New South Wales v Davis (No 2) [2021] NSWSC 625

State of New South Wales v Davis (No 2) [2021] NSWSC 625

The interim supervision order was renewed because the existing judgment and expert reports supported a conclusion that the defendant remained at high risk of committing a further serious offence, the parole conditions and forensic community treatment order did not sufficiently mitigate that risk, and the material...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
02 June 2021
Procedural Posture
Application for Renewal of an Interim Supervision Order Under the Crimes (high Risk Offenders) Act 2006 (nsw) / Notice of Motion Before Final Hearing of Application for Extended Supervision Order
Outcome
Notice of motion granted in part; interim supervision order renewed for a further 28 days and defendant directed to comply with specified conditions.
Legal Topics
['interim Supervision Order' 'extended Supervision Order' 'renewal of Interim Supervision Order' 'risk of Further Serious Offence' 'parole Conditions' 'community Treatment Order']
['criminal Law' 'high Risk Offenders' 'criminal Procedure'] ['interim Supervision Order' 'extended Supervision Order' 'renewal of Interim Supervision Order' 'risk of Further Serious Offence' 'parole Conditions' 'community Treatment Order']

Source-derived case record

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Procedural Posture

Application for Renewal of an Interim Supervision Order Under the Crimes (high Risk Offenders) Act 2006 (nsw) / Notice of Motion Before Final Hearing of Application for Extended Supervision Order

Legal Issues

  1. 1 ['Whether the interim supervision order made in respect of the defendant should be renewed for a further 28 days under ss 10A and 10C of the Crimes (High Risk Offenders) Act 2006 (NSW).' 'Whether the material before the Court, if proved at a final hearing, would justify the making of an extended supervision order.' "Whether parole conditions and the forensic community treatment order sufficiently mitigated the defendant's risk during the period before the final hearing."]

Ratio Decidendi

The interim supervision order was renewed because the existing judgment and expert reports supported a conclusion that the defendant remained at high risk of committing a further serious offence, the parole conditions and forensic community treatment order did not sufficiently mitigate that risk, and the material before the Court, if proved at a final hearing, would justify the making of an extended supervision order.

Court Disposition

Notice of motion granted in part; interim supervision order renewed for a further 28 days and defendant directed to comply with specified conditions.

Orders

  • ['An order pursuant to ss 10A and 10C(1) of the Crimes (High Risk Offenders) Act 2006 (NSW) that the interim supervision order made by his Honour Justice Hoeben CJ at CL on 18 June 2020 (and which commenced on 13 April 2021 for a period of 28 days, which expired on 11 May 2021) is renewed for a further period of 28...