Attorney-General (SA) v Fenner

The case of Attorney-General (SA) v Fenner involved the application of the Attorney-General for an extended supervision order in relation to Mr Fenner, a convicted serious sexual offender who was to be released from prison. The legal issues before the court were whether Mr Fenner was a high-risk offender under the High Risk Offenders Act and whether certain post-custodial conditions were necessary for the protection of the community. The court had to consider the meaning of "sentenced to a period of imprisonment" in the context of a suspended sentence and whether the prescribed conditions were necessary for the protection of the community.

The court held that Mr Fenner was a high-risk offender as he was a serious sexual offender who was sentenced to a period of imprisonment, notwithstanding that the sentence was suspended. The court held that a suspended sentence remains a sentence to a period of imprisonment. The court also held that certain conditions, including restrictions on the use of electronic devices, were not necessary for the protection of the community. The court made an extended supervision order for a period of 12 months with specified conditions.

The court ordered that Mr Fenner be subject to an extended supervision order for a period of 12 months with specified conditions, including restrictions on possession of firearms, ammunition, and offensive weapons, and requirements to submit to drug and alcohol testing and comply with a curfew. The order took effect on 18 June 2020.