State of NSW v Neal [2019] NSWSC 201

State of NSW v Neal [2019] NSWSC 201

The statutory preconditions for an ESO were established because the defendant had served a sentence of imprisonment for a serious sex offence, was a supervised offender subject to an ISO, and the application had been made in accordance with the Act. The Court was satisfied to a high degree of probability that he posed an unacceptable risk of committing another serious offence if not kept under supervision, given his repeated and increasingly serious opportunistic child sexual offending, expert assessments of high risk, paedophiliac disorder, intellectual disability affecting insight, and prior failures on conditional liberty. A three-year ESO was appropriate, and the disputed conditions...

Jurisdiction
Australia
Judgment Date
05 March 2019
Procedural Posture
Application for Extended Supervision Order Under the Crimes (high Risk Offenders) Act 2006 (nsw) / Final Hearing; Principal Judgment
Outcome
Extended Supervision Order imposed for three years, with conditions of supervision and ancillary orders for provision of reports and restricted access to the Court file.
Legal Topics
['extended Supervision Order' 'child Sex Offender' 'conditions of Supervision' 'unacceptable Risk of Serious Sexual Re Offending']
['criminal Law' 'high Risk Offenders'] ['extended Supervision Order' 'child Sex Offender' 'conditions of Supervision' 'unacceptable Risk of Serious Sexual Re Offending']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the statutory preconditions for making an Extended Supervision Order were established.' 'Whether 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 pursuant to an Extended Supervision Order.' 'Whether an Extended Supervision Order for three years should be imposed.' 'Whether disputed supervision conditions, including line of sight monitoring, electronic monitoring, relationship disclosure, and permission before joining clubs or organisations, were appropriate.']

Ratio Decidendi

The statutory preconditions for an ESO were established because the defendant had served a sentence of imprisonment for a serious sex offence, was a supervised offender subject to an ISO, and the application had been made in accordance with the Act. The Court was satisfied to a high degree of probability that he posed an unacceptable risk of committing another serious offence if not kept under supervision, given his repeated and increasingly serious opportunistic child sexual offending, expert assessments of high risk, paedophiliac disorder, intellectual disability affecting insight, and prior failures on conditional liberty. A three-year ESO was appropriate, and the disputed conditions...

Court Disposition

Extended Supervision Order imposed for three years, with conditions of supervision and ancillary orders for provision of reports and restricted access to the Court file.

Orders

  • ['Pursuant to ss 5B and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW) that the defendant be subject to an ESO for a period of three years from the date of the order.' 'Pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW), directing the defendant, for the period of the ESO, comply with the...