The State of New South Wales v Winters [2008] NSWSC 1474

The State of New South Wales v Winters [2008] NSWSC 1474

Although the defendant did not oppose the order, the Court independently considered the evidence. Having regard in particular to the opinions of Professor David Greenberg and Dr Jeremy O'Dea that the defendant remained at high risk of further serious sexual offending without adequate supervision, treatment and support, the Court was satisfied to a high degree of probability that the statutory test in s 9(2) was met and that a five-year extended supervision order with the agreed conditions was appropriate.

Jurisdiction
Australia
Judgment Date
06 November 2008
Procedural Posture
Application for an Extended Supervision Order Under the Crimes (serious Sex Offenders) Act 2006 / Ex Tempore Judgment on the Plaintiff's Summons After an Interim Supervision Order
Outcome
Extended supervision order made for five years; interim order terminated when the extended supervision order took effect.
Legal Topics
['extended Supervision Order' 'serious Sex Offender' 'risk Management Plan' 'supervision Conditions' 'anti Libidinal Treatment']
['criminal Law'] ['extended Supervision Order' 'serious Sex Offender' 'risk Management Plan' 'supervision Conditions' 'anti Libidinal Treatment']

Case Brief

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Procedural Posture

Application for an Extended Supervision Order Under the Crimes (serious Sex Offenders) Act 2006 / Ex Tempore Judgment on the Plaintiff's Summons After an Interim Supervision Order

Legal Issues

  1. 1 ['Whether the Supreme Court should make an extended supervision order under s 9(1)(a) of the Crimes (Serious Sex Offenders) Act 2006 in respect of the defendant.' 'Whether the Court was satisfied to a high degree of probability that the defendant was likely to commit a further serious sex offence if not kept under supervision.' 'What term and conditions should attach to any extended supervision order.']

Ratio Decidendi

Although the defendant did not oppose the order, the Court independently considered the evidence. Having regard in particular to the opinions of Professor David Greenberg and Dr Jeremy O'Dea that the defendant remained at high risk of further serious sexual offending without adequate supervision, treatment and support, the Court was satisfied to a high degree of probability that the statutory test in s 9(2) was met and that a five-year extended supervision order with the agreed conditions was appropriate.

Court Disposition

Extended supervision order made for five years; interim order terminated when the extended supervision order took effect.

Orders

  • ['Pursuant to s 9(1)(a) of the Crimes (Serious Sex Offenders) Act 2006, an extended supervision order is made in respect of the defendant for a period of five years to commence at 4.00 pm on 6 November 2008.' 'Pursuant to s 11 of the Crimes (Serious Sex Offenders) Act 2006, the defendant is directed to comply with...