Dojcs v R M

[2025] VCC 14

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

COMMON LAW DIVISION

 Revised
Not Restricted
Suitable for Publication

APPEALS AND POST SENTENCE APPLICATIONS LIST

SECRETARY TO THE DEPARTMENT OF JUSTICE AND COMMUNITY SAFETY	Applicant
v
R M	Respondent

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JUDGE:	HIS HONOUR JUDGE PILLAY
WHERE HELD:	Melbourne
DATE OF HEARING:	24 January 2025
DATE OF RULING:	24 January 2025
CASE MAY BE CITED AS:	DOJCS v R M
MEDIUM NEUTRAL CITATION:	[2025] VCC 14

RULING
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Subject:Application for renewal of supervision order

Catchwords:              Supervision order – whether unacceptable risk to community – risk of reoffending - non-publication order

Legislation Cited:      Serious Offenders Act 2018 (Vic)

Ruling:  Application granted

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APPEARANCES:	Counsel	Solicitors
For the Applicant	Ms K Argiropoulos SC	Victorian Government Solicitor’s Office
For the Respondent	Ms B Proud	Victoria Legal Aid

HIS HONOUR:

1Ms Argiropoulos SC, appearing on behalf of the Secretary to the Department of Justice and Community Safety (“the Secretary”) makes an application to renew a supervision order under s 22(1) of the Serious Offenders Act 2018 (Vic) (“the Act”). The respondent, R M, is represented by Ms Proud.

2In this case, I granted an application for an interim supervision order on 30 September 2024. The respondent was ordered to reside at his Albion property following this order. He has since returned to residing at Corella Place due to safety concerns at the Albion property.

3A chronology filed by the applicant sets out the respondent’s background and history of offending. I accept that recounts R M’s relevant history accurately and I proceed on that basis to make the decision set out below.

4In coming to my decision I also rely on the psychological report of Dr Michael Davis dated 24 December 2024 and the reports of Dr Sophie Reeves dated 9 June 2024 and 25 September 2024 and the other materials filed by the parties.

5The parties agree that a supervision order is necessary. Largely the conditions are uncontested save for the making of a non publication order.

6For the court to make this order, I must be independently satisfied the respondent poses an unacceptable risk of harm to the community. Having read the medical material, the clinical notes, and accepting his history of offending, I consider the risk of harm posed constitutes an unacceptable risk of harm to the community if a supervision order was not imposed with the conditions sought by the applicant.

7I therefore order that R M be subject to a supervision order under the Act. The order is to commence on 24 January 2025. The supervision order remains in force for a period of 12 months. The respondent is to remain at Corella Place until a suitable property is confirmed by the Secretary. The supervision order is to be subject to the conditions consented to by the respondent and detailed in paragraphs 4, 5 and 6 of the formal order signed by me on 24 January 2025.

8Finally, I make an order pursuant to s 279 of the Act, that it is in the public interest to prohibit publication of information that might enable the respondent or his whereabouts to be identified. Bearing in mind the provisions of s 280 of the Act, and being mindful of his breaches of the order to date, I do so on the basis that it assists in the rehabilitation of the respondent. The form of the order under s 279 is set out in paragraph 7 of the formal order signed by me this day.