R v SLD (No 2) [2024] NSWDC 483

R v SLD (No 2) [2024] NSWDC 483

The offence of contravening an extended supervision order under s 12 of the Crimes (High Risk Offenders) Act 2006 is not a strict liability offence; mens rea is required.

Parties
Prosecution: Rex; Accused: SLD
Jurisdiction
Australia
Judgment Date
04 October 2024
Procedural Posture
Criminal / Trial (closing Addresses); Procedural Ruling on Legal Issue
Outcome
The Court rules that the offence of contravene extended supervision order (s 12) is not an offence of strict liability.
Legal Topics
Strict Liability, Extended Supervision Orders, Breach of Court Order, Mens Rea
Criminal Law Strict Liability Extended Supervision Orders Breach of Court Order Mens Rea

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Parties

Rex

Prosecution

SLD

Accused

Procedural Posture

Criminal / Trial (closing Addresses); Procedural Ruling on Legal Issue

Legal Issues

  1. 1 Is the offence of contravening an extended supervision order under s 12 of the Crimes (High Risk Offenders) Act 2006 a strict liability offence?

Ratio Decidendi

The offence of contravening an extended supervision order under s 12 of the Crimes (High Risk Offenders) Act 2006 is not a strict liability offence; mens rea is required.

Court Disposition

The Court rules that the offence of contravene extended supervision order (s 12) is not an offence of strict liability.

Orders

  • It is ruled that the offence is not an offence of strict liability.