State of NSW v WXN1 [2020] NSWSC 993

State of NSW v WXN1 [2020] NSWSC 993

Because the defendant conceded that the statutory prerequisites and discretionary basis for an extended supervision order were established, and the unchallenged expert evidence overwhelmingly supported that course, the Court was satisfied that an extended supervision order should be made. The disputed employment condition was appropriate only if redrafted to require reasonable endeavours and directions taking account of the defendant's skills, abilities and capacity. The disputed medical information condition was appropriate only if limited to information considered relevant to ongoing risk management and rehabilitation. A three-year term was appropriate and agreed by the parties.

Jurisdiction
Australia
Judgment Date
30 July 2020
Procedural Posture
Application for a High Risk Offender Extended Supervision Order Under the Crimes (high Risk Offenders) Act 2006 / Ex Tempore Principal Judgment on Whether to Make an Extended Supervision Order and Disputed Conditions
Outcome
The Court directed the plaintiff to file a Second Further Amended Summons reflecting the agreed and redrafted conditions, after which an extended supervision order for three years from 31 July 2020 would be made in Chambers with conditions under s 11 of the Crimes (High Risk Offenders) Act 2006.
Legal Topics
['extended Supervision Orders' 'serious Sex Offender' 'conditions of Extended Supervision Order' 'employment, Education and Training Conditions' 'sharing of Health and Medical Information' 'community Safety' 'rehabilitation']
['high Risk Offenders' 'civil Preventive Orders'] ['extended Supervision Orders' 'serious Sex Offender' 'conditions of Extended Supervision Order' 'employment, Education and Training Conditions' 'sharing of Health and Medical Information' 'community Safety' 'rehabilitation']

Case Brief

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Procedural Posture

Application for a High Risk Offender Extended Supervision Order Under the Crimes (high Risk Offenders) Act 2006 / Ex Tempore Principal Judgment on Whether to Make an Extended Supervision Order and Disputed Conditions

Legal Issues

  1. 1 ['Whether the Court had power under s 5B of the Crimes (High Risk Offenders) Act 2006 to make an extended supervision order against the defendant.' 'Whether the Court should exercise its discretion under s 9 of the Crimes (High Risk Offenders) Act 2006 to make an extended supervision order.' 'Whether the proposed employment, training, education and personal development condition was appropriate under s 11 of the Crimes (High Risk Offenders) Act 2006.' 'Whether the proposed health and medical information sharing condition was appropriate under s 11 of the Crimes (High Risk Offenders) Act 2006.' 'What term should be fixed for the extended supervision order under s 10 of the Crimes (High Risk Offenders) Act 2006.']

Ratio Decidendi

Because the defendant conceded that the statutory prerequisites and discretionary basis for an extended supervision order were established, and the unchallenged expert evidence overwhelmingly supported that course, the Court was satisfied that an extended supervision order should be made. The disputed employment condition was appropriate only if redrafted to require reasonable endeavours and directions taking account of the defendant's skills, abilities and capacity. The disputed medical information condition was appropriate only if limited to information considered relevant to ongoing risk management and rehabilitation. A three-year term was appropriate and agreed by the parties.

Court Disposition

The Court directed the plaintiff to file a Second Further Amended Summons reflecting the agreed and redrafted conditions, after which an extended supervision order for three years from 31 July 2020 would be made in Chambers with conditions under s 11 of the Crimes (High Risk Offenders) Act 2006.

Orders

  • ['Direct the plaintiff to file on or before 2pm, Friday 31 July 2020, a Second Further Amended Summons containing the conditions in their final form, which reflect the agreement between the parties and these reasons for judgment.' 'Direct that at the time the plaintiff files such Second Further Amended Summons, that...