State of New South Wales v TT (Preliminary) [2017] NSWSC 1797

State of New South Wales v TT (Preliminary) [2017] NSWSC 1797

The amended Act applied to the proceedings because the application was duly made before amendment and had not been determined. The defendant was a supervised offender because he was under supervision while serving a sentence of imprisonment for offences of a sexual nature, including under a recognizance release...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
18 December 2017
Procedural Posture
Application for a High Risk Sex Offender Extended Supervision Order, Interim Supervision Order and Ancillary Orders Under the Crimes (high Risk Offenders) Act 2006 (nsw) / Preliminary Hearing
Outcome
Interim supervision order and ancillary orders granted; most proposed conditions approved, with some refused.
Legal Topics
['interim Supervision Order' 'extended Supervision Order' 'serious Sex Offence' 'supervised Offender' 'risk of Reoffending' 'conditions of Supervision' 'appointment of Psychiatrists' 'suppression and Non Publication Orders']
['criminal Law' 'high Risk Offenders' 'statutory Interpretation'] ['interim Supervision Order' 'extended Supervision Order' 'serious Sex Offence' 'supervised Offender' 'risk of Reoffending' 'conditions of Supervision' 'appointment of Psychiatrists' 'suppression and Non Publication Orders']

Source-derived case record

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Procedural Posture

Application for a High Risk Sex Offender Extended Supervision Order, Interim Supervision Order and Ancillary Orders Under the Crimes (high Risk Offenders) Act 2006 (nsw) / Preliminary Hearing

Legal Issues

  1. 1 ['Whether the Crimes (High Risk Offenders) Act 2006 (NSW) as amended by the Crimes (High Risk Offenders) Amendment Act 2017 (NSW) applied to the application filed before commencement of the amendments.' 'Whether the defendant was a supervised offender within s 5I of the Crimes (High Risk Offenders) Act 2006 (NSW).' 'Whether the supporting documentation, if proved, would justify the making of an extended supervision order, including satisfaction to a high degree of probability that the defendant posed an unacceptable risk of committing another serious offence if not kept under supervision.' 'Whether an interim supervision order should be made under s 10A of the Crimes (High Risk Offenders) Act 2006 (NSW).' 'What conditions should be imposed on any interim supervision order.']

Ratio Decidendi

The amended Act applied to the proceedings because the application was duly made before amendment and had not been determined. The defendant was a supervised offender because he was under supervision while serving a sentence of imprisonment for offences of a sexual nature, including under a recognizance release order. The supporting documentation, if proved, would justify an extended supervision order: the defendant's extensive sexual offending against children, pattern of offending, psychological risk assessments and limited treatment demonstrated to a high degree of probability an unacceptable risk of committing another serious offence if not supervised. Because the defendant's current...

Court Disposition

Interim supervision order and ancillary orders granted; most proposed conditions approved, with some refused.

Orders

  • ['An order pursuant to s 10A of the Crimes (High Risk Offenders) Act 2006 (NSW) that the defendant be subject to an interim supervision order from 3 February 2018 for a period of 28 days.' 'Pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW), orders directing the defendant to comply with conditions...