State of New South Wales v Doherty (Final) [2019] NSWSC 920

State of New South Wales v Doherty (Final) [2019] NSWSC 920

The Court was satisfied to a high degree of probability that the defendant posed an unacceptable risk of committing another serious offence if not kept under supervision. Although the experts did not place the risk in the highest category, they uniformly agreed that resumption of illegal drug use would enliven the risk of further serious offending; given the defendant's history, limited community supports, resistance to supervision, alcohol use and prior drug-related serious offending, the potentially devastating consequences made the risk unacceptable. Alleged shortcomings in prior supervision were not sufficiently egregious to justify refusing an ESO, but the order should be limited to...

Jurisdiction
Australia
Judgment Date
19 July 2019
Procedural Posture
Application for Extended Supervision Order Under the Crimes (high Risk Offenders) Act 2006 (nsw) / Final Hearing
Outcome
Extended supervision order made for 12 months from 28 July 2019, with conditions set out in the Schedule to the orders.
Legal Topics
['extended Supervision Order' 'unacceptable Risk of Committing Another Serious Offence' 'serious Sex Offence' 'serious Violence Offence' 'drug Use as Risk Factor' 'conditions of Supervision']
['criminal Law' 'high Risk Offenders' 'post Sentence Supervision'] ['extended Supervision Order' 'unacceptable Risk of Committing Another Serious Offence' 'serious Sex Offence' 'serious Violence Offence' 'drug Use as Risk Factor' 'conditions of Supervision']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the Supreme Court was satisfied to a high degree of probability that the defendant posed an unacceptable risk of committing another serious offence if not kept under supervision under an extended supervision order.' 'Whether the Court should exercise its discretion not to make an extended supervision order because of alleged deficiencies in prior supervision by Corrective Services staff.' 'What duration and conditions of any extended supervision order were appropriate.']

Ratio Decidendi

The Court was satisfied to a high degree of probability that the defendant posed an unacceptable risk of committing another serious offence if not kept under supervision. Although the experts did not place the risk in the highest category, they uniformly agreed that resumption of illegal drug use would enliven the risk of further serious offending; given the defendant's history, limited community supports, resistance to supervision, alcohol use and prior drug-related serious offending, the potentially devastating consequences made the risk unacceptable. Alleged shortcomings in prior supervision were not sufficiently egregious to justify refusing an ESO, but the order should be limited to...

Court Disposition

Extended supervision order made for 12 months from 28 July 2019, with conditions set out in the Schedule to the orders.

Orders

  • ['Pursuant to ss 5B and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW), the defendant be subject to an extended supervision order for a period of 12 months from 28 July 2019.' 'Pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW), for the period of the extended supervision order, the...