Attorney General for the State of New South Wales v Cornwall

In the Supreme Court of New South Wales, the Attorney General sought an extended supervision order or continuing detention order in relation to a serious sex offender. The offender had not completed a Custody Based Intensive Treatment program. The court was tasked with determining the appropriate legal framework under the Crimes (Serious Sex Offenders) Act 2006 (NSW) for assessing whether the offender was likely to commit a further serious sex offence, and if so, whether an extended supervision order would provide adequate supervision.

The primary legal issue was the interpretation of section 17(3) of the Act, which provides that a court may make an extended supervision order if it is satisfied that the offender is likely to commit a further serious sex offence. The court had to consider the meaning of "likely" in this context and the standard of proof required. It was established that the term "likely" in this provision required a high degree of probability. The court also had to assess whether the offender could be adequately supervised by an extended supervision order and whether the proposed risk management plan was adequate.

The court concluded that the offender was likely to commit a further serious sex offence, based on the offender's history of offending, the results of the Custody Based Intensive Treatment program, and actuarial and dynamic risk assessments. The court determined that the proposed risk management plan was not sufficient to adequately supervise the offender. Therefore, the court made a continuing detention order, considering the high risk of re-offending and the inadequacy of the proposed risk management plan.

The final orders included the making of a continuing detention order for the offender, and the court directed the relevant authorities to ensure that the offender was placed in a secure facility and provided with appropriate treatment and supervision. The court also directed that the offender's risk management plan be reviewed regularly to ensure its adequacy and effectiveness.