State of New South Wales v Bowen (Final) [2019] NSWSC 1003

State of New South Wales v Bowen (Final) [2019] NSWSC 1003

The Court found to a high degree of probability that Mr Bowen poses an unacceptable risk of violent reoffending if not kept under supervision. Expert evidence established moderate to high risk, particularly for domestic violence. The ESO is necessary and appropriate to reduce the risk, and is imposed for three years...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 August 2019
Procedural Posture
Application for Extended Supervision Order / Final Hearing and Judgment
Outcome
Extended supervision order granted for three years with specified conditions.
Legal Topics
['extended Supervision Orders' 'risk Assessment' 'supervision Conditions' 'violent Offenders' 'expert Psychiatric Evidence']
['criminal Law' 'sentencing' 'public Safety'] ['extended Supervision Orders' 'risk Assessment' 'supervision Conditions' 'violent Offenders' 'expert Psychiatric Evidence']

Source-derived case record

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Procedural Posture

Application for Extended Supervision Order / Final Hearing and Judgment

Legal Issues

  1. 1 ['Whether statutory preconditions for an extended supervision order are satisfied' 'Whether the offender poses an unacceptable risk of committing another serious violence offence if not kept under supervision' 'Appropriateness and sufficiency of proposed ESO conditions' "Effect of defendant's attitude toward supervision order on court's discretion"]

Ratio Decidendi

The Court found to a high degree of probability that Mr Bowen poses an unacceptable risk of violent reoffending if not kept under supervision. Expert evidence established moderate to high risk, particularly for domestic violence. The ESO is necessary and appropriate to reduce the risk, and is imposed for three years with tailored conditions; community safety outweighs the defendant's negative attitude toward supervision.

Court Disposition

Extended supervision order granted for three years with specified conditions.

Orders

  • ['Defendant is subject to an extended supervision order for three years.' 'Defendant must comply with conditions set out in Schedule A to the Further Amended Summons, subject to modifications in the judgment.']