State of New South Wales v Evers [2015] NSWSC 1724

State of New South Wales v Evers [2015] NSWSC 1724

Mr Evers' incurable paranoid schizophrenia, history of catastrophic violence, ongoing risk of relapse into psychotic symptoms even with treatment, and inability safely to self-manage in the community established to a high degree of probability that, absent close supervision, he posed an unacceptable risk of...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 November 2015
Procedural Posture
Application for an Extended Supervision Order Under S 5 H Crimes (high Risk Offenders) Act 2006 (nsw) / Final Determination
Outcome
Extended supervision order made for five years with conditions.
Legal Topics
['extended Supervision Orders' 'high Risk Violent Offenders' 'serious Violence Offence' 'schizophrenia and Risk of Violent Reoffending' 'conditions of Supervision' 'electronic Monitoring' 'curfew']
['civil Law' 'criminal Law' 'mental Health Law'] ['extended Supervision Orders' 'high Risk Violent Offenders' 'serious Violence Offence' 'schizophrenia and Risk of Violent Reoffending' 'conditions of Supervision' 'electronic Monitoring' 'curfew']

Source-derived case record

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Procedural Posture

Application for an Extended Supervision Order Under S 5 H Crimes (high Risk Offenders) Act 2006 (nsw) / Final Determination

Legal Issues

  1. 1 ['Whether Paul Anthony Evers was a high risk violent offender posing an unacceptable risk of committing a serious violence offence if not kept under supervision within the meaning of s 5E of the Crimes (High Risk Offenders) Act 2006 (NSW).' 'Whether an extended supervision order should be made and, if so, for what duration.' 'Whether contested conditions, including electronic monitoring, schedules of movements, a curfew, employment and finance conditions, and internet and electronic communications conditions, were necessary or appropriate to manage the identified unacceptable risk.']

Ratio Decidendi

Mr Evers' incurable paranoid schizophrenia, history of catastrophic violence, ongoing risk of relapse into psychotic symptoms even with treatment, and inability safely to self-manage in the community established to a high degree of probability that, absent close supervision, he posed an unacceptable risk of committing a serious violence offence. Although some conditions were onerous and electronic monitoring had limited direct psychiatric utility, the magnitude of possible harm and the need for structured, monitored community management justified an extended supervision order for the maximum five-year term with the contested conditions, modified as to curfew hours.

Court Disposition

Extended supervision order made for five years with conditions.

Orders

  • ['Under s 5F Crimes (High Risk Offenders) Act 2006 (NSW), Paul Anthony Evers is subject to a high risk violent offender extended supervision order for a period of five years from 20th November 2015 pursuant to s 10(1) of the Act, expiring on 19th November 2020.' 'Under s 11 of the Act, Paul Anthony Evers is directed...