State of NSW v Weribone [2016] NSWSC 1474

State of NSW v Weribone [2016] NSWSC 1474

The nature and frequency of the defendant's prior offending, especially violent offending, together with the opinions of Mr Sheehan and Dr O'Dea, satisfied the Court to a high degree of probability that the defendant posed an unacceptable risk of committing a serious violence offence if not kept under supervision. Having considered the matters in s. 9(3), including community safety, expert assessments, risk management evidence, rehabilitation history, parole and supervision breaches, and criminal history, the Court concluded that an Extended Supervision Order should be made. Although experts supported 5 years, a 3 year order was appropriate because 3 years was not a short period, the...

Jurisdiction
Australia
Judgment Date
19 October 2016
Procedural Posture
Application for High Risk Offender Extended Supervision Order Under the Crimes (high Risk Offenders) Act 2006 (nsw) / Principal Judgment
Outcome
Extended Supervision Order made for 3 years from 19 October 2016 with conditions.
Legal Topics
['high Risk Violent Offender' 'extended Supervision Order' 'risk of Serious Violence Offence' 'conditions of Supervision' 'electronic Monitoring']
['criminal Law' 'high Risk Offenders' 'supervision Orders'] ['high Risk Violent Offender' 'extended Supervision Order' 'risk of Serious Violence Offence' 'conditions of Supervision' 'electronic Monitoring']

Case Brief

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Procedural Posture

Application for High Risk Offender Extended Supervision Order Under the Crimes (high Risk Offenders) Act 2006 (nsw) / Principal Judgment

Legal Issues

  1. 1 ['Whether the defendant was a high risk violent offender within s. 5E of the Crimes (High Risk Offenders) Act 2006 (NSW).' 'Whether an Extended Supervision Order should be made if the defendant was found to be a high risk violent offender.' 'The appropriate duration of any Extended Supervision Order.' 'The appropriate conditions to attach to any Extended Supervision Order, including electronic monitoring, licensed premises and non-association conditions.']

Ratio Decidendi

The nature and frequency of the defendant's prior offending, especially violent offending, together with the opinions of Mr Sheehan and Dr O'Dea, satisfied the Court to a high degree of probability that the defendant posed an unacceptable risk of committing a serious violence offence if not kept under supervision. Having considered the matters in s. 9(3), including community safety, expert assessments, risk management evidence, rehabilitation history, parole and supervision breaches, and criminal history, the Court concluded that an Extended Supervision Order should be made. Although experts supported 5 years, a 3 year order was appropriate because 3 years was not a short period, the...

Court Disposition

Extended Supervision Order made for 3 years from 19 October 2016 with conditions.

Orders

  • ['Pursuant to s. 17(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW), the defendant is to be subject to a High Risk Offender Extended Supervision Order for a period of 3 years from 19 October 2016.' 'Pursuant to s. 11 of the Crimes (High Risk Offenders) Act 2006 (NSW), for the period of the Extended...