20 Nov 2006
BARR V THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS CA CA60/06
- Citation
- openlaw-345f7376_66dc_45fb_b100_6344a95154f3.pdf
- Court
- Court of Appeal
The Court upheld the District Court's discretion because on the whole of the evidence, including actuarial and clinical material (treated with caution where anomalies existed), the Judge was entitled to find a real and ongoing risk of sexual re-offending and the four-year ESO was the minimum period required to protect the community; the Judge applied the correct legal test and did not err in principle.