Rigby v State of New South Wales

Rigby appealed to the New South Wales Court of Appeal against an extended supervision order made by a single judge of the Supreme Court of New South Wales. The appeal concerned the application of the *Crimes (High Risk Offender) Act 2006* (NSW) in determining the conditions and duration of such an order.

The central legal issues before the Court of Appeal were whether the primary judge had erred in the exercise of their discretion in making the extended supervision order, and if so, whether the appellate court should determine the appropriate conditions and duration of the order itself or remit the matter back to the primary judge for reconsideration. Specifically, the court considered the scope of the matters to be taken into account under section 22 of the Act, including the appellant's past sexual offences, prohibition orders, registration on a child protection register, reporting obligations, community treatment orders, and the National Disability Insurance Scheme.

The Court of Appeal noted that an error had been conceded by the State of New South Wales. However, the court determined that it was appropriate for the appeal court to determine the application rather than remit it to the primary judge. The court considered the various conditions and the duration of the order, assessing their appropriateness for the appellant's treatment and rehabilitation, in light of the statutory requirements.

The appeal was dismissed, and the orders made by the primary judge on 27 April 2021 were affirmed.