State of NSW v Guider [2019] NSWSC 646

State of NSW v Guider [2019] NSWSC 646

Although the matter was finely balanced and the defendant had made real rehabilitative efforts, the paramount consideration of community safety required an interim detention order. The Court was not satisfied that the defendant's longstanding and intense sexual attraction to children had entirely dissipated, considered that even stringent supervision would leave occasions of vulnerability for children, and treated his current denial of responsibility for the deceased's death as a significant backward step raising concerns about responsibility and mental state. There was no discretionary reason not to impose the appropriate order.

Jurisdiction
Australia
Judgment Date
04 June 2019
Procedural Posture
Application Under the Crimes (high Risk Offender) Act for Mandatory Psychiatric and Psychological Examinations and an Interim Detention Order, Alternatively an Interim Supervision Order / Preliminary Orders Before Expiry of the Defendant's Sentence
Outcome
Applications granted; mandatory examinations ordered and a renewable interim detention order imposed for 28 days from 6 June 2019.
Legal Topics
['interim Detention Order' 'interim Supervision Order' 'mandatory Psychiatric and Psychological Examinations' 'child Sex Offending' 'continuing Detention Order' 'extended Supervision Order']
['criminal Law' 'high Risk Offenders' 'public Safety'] ['interim Detention Order' 'interim Supervision Order' 'mandatory Psychiatric and Psychological Examinations' 'child Sex Offending' 'continuing Detention Order' 'extended Supervision Order']

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Procedural Posture

Application Under the Crimes (high Risk Offender) Act for Mandatory Psychiatric and Psychological Examinations and an Interim Detention Order, Alternatively an Interim Supervision Order / Preliminary Orders Before Expiry of the Defendant's Sentence

Legal Issues

  1. 1 ['Whether the Court should order mandatory psychiatric and psychological examinations of the defendant under s 15(4) of the Act.' 'Whether the defendant should be subject to an interim detention order for 28 days under s 18A of the Act or, alternatively, an interim supervision order under s 10A of the Act.' 'Whether community safety is the paramount consideration at the preliminary stage when deciding between an interim detention order and an interim supervision order.' "Whether the defendant's history of child sexual offending, manslaughter conviction, current denial of responsibility for the deceased's death, and rehabilitation efforts justified continuing incarceration for a short period."]

Ratio Decidendi

Although the matter was finely balanced and the defendant had made real rehabilitative efforts, the paramount consideration of community safety required an interim detention order. The Court was not satisfied that the defendant's longstanding and intense sexual attraction to children had entirely dissipated, considered that even stringent supervision would leave occasions of vulnerability for children, and treated his current denial of responsibility for the deceased's death as a significant backward step raising concerns about responsibility and mental state. There was no discretionary reason not to impose the appropriate order.

Court Disposition

Applications granted; mandatory examinations ordered and a renewable interim detention order imposed for 28 days from 6 June 2019.

Orders

  • ['An order pursuant to s 15(4) of the Crimes (High Risk Offenders) Act 2005 (NSW) appointing one qualified psychiatrist and one registered psychologist to conduct separate psychiatric or psychological examinations of Mr Michael Anthony Guider and furnish reports to the Supreme Court by a date to be fixed by the...