State of New South Wales v Levy (Preliminary) [2020] NSWSC 1531

State of New South Wales v Levy (Preliminary) [2020] NSWSC 1531

The unchallenged evidence established that Mr Levy was a high risk offender whose current supervision would expire before final determination and who posed a considerable risk of further serious sexual offending against children. Applying the statutory objects and the balancing exercise required for supervision conditions, the disputed conditions, with a modification to the search condition requiring a DSO's reasonable belief and disclosure of the basis for that belief, were appropriate and formed the least intrusive effective means of managing the risks identified.

Jurisdiction
Australia
Judgment Date
30 October 2020
Procedural Posture
Application Under the Crimes (high Risk Offenders) Act 2006 (nsw) for an Extended Supervision Order, Including an Interim Supervision Order / Preliminary Hearing on Disputed Conditions and Appointment of Psychiatrists
Outcome
Interim order to be made on agreed conditions and the disputed conditions as determined; parties directed to file short minutes of orders.
Legal Topics
['interim Supervision Order' 'sexual Offending Against Children' 'conditions of Supervision' 'risk Assessment' 'electronic Monitoring' 'internet and Communications Restrictions' 'search and Seizure Conditions']
['criminal Law' 'high Risk Offenders' 'sentencing and Supervision'] ['interim Supervision Order' 'sexual Offending Against Children' 'conditions of Supervision' 'risk Assessment' 'electronic Monitoring' 'internet and Communications Restrictions' 'search and Seizure Conditions']

Case Brief

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Procedural Posture

Application Under the Crimes (high Risk Offenders) Act 2006 (nsw) for an Extended Supervision Order, Including an Interim Supervision Order / Preliminary Hearing on Disputed Conditions and Appointment of Psychiatrists

Legal Issues

  1. 1 ['Whether an interim supervision order should be made under the Crimes (High Risk Offenders) Act 2006 (NSW).' 'Whether two psychiatrists should be appointed to examine Mr Levy and report to the Court.' 'Whether disputed supervision conditions were appropriate, necessary and proportionate to mitigate the risk posed by Mr Levy.']

Ratio Decidendi

The unchallenged evidence established that Mr Levy was a high risk offender whose current supervision would expire before final determination and who posed a considerable risk of further serious sexual offending against children. Applying the statutory objects and the balancing exercise required for supervision conditions, the disputed conditions, with a modification to the search condition requiring a DSO's reasonable belief and disclosure of the basis for that belief, were appropriate and formed the least intrusive effective means of managing the risks identified.

Court Disposition

Interim order to be made on agreed conditions and the disputed conditions as determined; parties directed to file short minutes of orders.

Orders

  • ['The parties should confer and before 4pm on 2 November file short minutes of the orders which must be made to reflect their agreement and the conclusions reached on the disputed conditions.' 'The interim order sought should be made on the conditions agreed and those discussed in the judgment.' 'Two psychiatrists...