Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 29:

1. By a summons filed 13 March 2025 the State of New South Wales seeks a continuing detention order ("CDO") for a period of 18 months or in the alternative an extended supervision order ("ESO") for a period of five years.

2. By way of interim relief, the plaintiff seeks an interim detention order ("IDO") pursuant to s 18A of the Crimes (High Risk Offenders) Act 2006 (NSW) ("the CHRO Act") for a period of 28 days from the expiry of the defendant's current sentence being 17 June 2025. In the alternative, the plaintiff seeks an interim supervision order ("ISO") for that period directing the defendant to comply with the conditions set out in the schedule to the summons.

3. Pursuant to s 15(4) of the CHRO Act, the plaintiff seeks an order appointing two qualified psychiatrists or registered psychologists (or one of each) to conduct separate examinations of the defendant and to furnish their reports to the Court and an order directing the defendant to attend those examinations.

The index offences

4. The defendant is a 55 year old man who is currently serving the balance of parole in respect of his sentences for two offences of possessing child abuse material contrary to s 91H(2) of the Crimes Act 1900 (NSW), being a sentence of six years' imprisonment imposed by Solomon DCJ on 26 October 2012. That sentence formed part of the total effective sentence of 14 years 7 months and 28 days imprisonment imposed for a number of other offences. An offence contrary to s 91H(2) is an "offence of a sexual nature" within the meaning of s 5(2) of the CHRO Act.

5. On 2 April 2024 the defendant was released to parole. On 8 August 2024 his parole was revoked following his arrest on 12 charges of possessing bestiality material contrary to s 547E(2) of the Crimes Act, to which he pleaded guilty on 6 February 2025.

6. His sentence for the index offences is due to expire on 17 June 2025. However, on 22 April 2025 he was sentenced by Judge Musgrave in the District Court for the offences of possessing bestiality material to 16 months imprisonment commencing 21 October 2024 and expiring on 20 February 2026 with a non-parole period of 10 Months expiring 20 August 2025.

7. One of the pre-requisites for an IDO or an ISO is that the offender's current custody (ss 10A(a) and 18A(a)of the CHRO Act) or his current supervision (not relevant here) (s 10A(a)) will expire before the proceedings are determined. The final hearing for a CDO or an ESO will now take place on 8 August 2025. Sections 10A(a) and 18A(a) are not, therefore satisfied so that no ISO or IDO can be made.

8. It is necessary only to determine under s15(4) of the CHRO Act if I am satisfied that the matters alleged in the supporting documentation would, if proved, justify the making of a CDO or an ESO, so that two psychiatrists or psychologists can be appointed to examine the defendants and provide reports to the Court.

Criminal history

9. In 1988 the defendant pleaded guilty and was convicted of maliciously wounding with intent to cause grievous bodily harm. He was aged 17 at the time. He received a sentence of imprisonment of 3 years 6 months with a non-parole period of 1 year 8 months. The offence was a "serious violence offence" within the meaning of s 5A of the CHRO Act.

10.In 1993, the defendant was found to be in contempt of court for attempting to influence the outcome of Children's Court proceedings by using threats of violence against the foster parents of his son. At the time of this contempt he was on parole and subject to a recognisance to be of good behaviour. The Court of Appeal sentenced him to 2 years' imprisonment commencing 17 May 1993 and concluding on 16 May 1995 with an additional term of 18 months expiring 16 November 1996.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196f106124193db91ef15e7d)

Disclaimer: Curated by HT Syndication.