3 Mar 2020
CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS v JOE [2020] NZHC 351
- Citation
- [2020] NZHC 351
- Court
- High Court
Not all s107IAA qualifying criteria were satisfied on the evidence: although the respondent has a predilection for serious sexual offending and limited self-regulatory capacity to some extent, the court was not satisfied he currently displays a lack of genuine acceptance of responsibility or remorse nor an absence of understanding or concern about the impact of his offending; on the balance of expert evidence the level of risk was not 'high' as required by s107I(2)(b)(i), therefore an ESO could not be made and the application was dismissed.