Secretary, Department of Justice and Community Safety Applicant v B.R. Respondent
[2020] VCC 2095
•16 July 2020
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-17-01232
| Secretary, Department of Justice and Community Safety | Applicant |
| v | |
| B.R. | Respondent |
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JUDGE: | Her Honour Judge Cannon | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 16 July 2020 | |
DATE OF JUDGMENT: | 16 July 2020 | |
CASE MAY BE CITED AS: | Secretary DJCS and B.R. | |
MEDIUM NEUTRAL CITATION: | [2020 VCC 2095 | |
REASONS FOR JUDGMENT
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Subject:CRIMINAL LAW
Catchwords: Review Supervision Order – Unacceptable risk of committing further offences
Legislation Cited: Serious Offenders Act 2018 (Vic)
Judgment: Supervision Order confirmed
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APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Ms A. Roodenburg | VGSO |
| For the Respondent | Ms J. Kennedy | VLA |
HER HONOUR:
1This is a review of a supervision order which had previously been made pursuant to the relevant provisions of the Serious Offenders Act 2018, which I have referred to as 'the Act' from time to time. In respect of the respondent, the supervision order, or 'the order', which I might refer to it from time to time, was made on 27 February 2018 for a period of four years. I must revoke the order unless I am satisfied that the respondent still poses an unacceptable risk of a serious sex offence, serious violent offence or both in the community and if he is in the community, and if not subject to a supervision order.
2Having considered the material relied on in this matter, that is the progress report prepared by Mr Simon Candlish dated 16 December 2019, and having had regard to the respondent's antecedents, having considered the submissions of the parties who are in agreement in respect of this issue, I am satisfied that the respondent still poses an unacceptable risk of committing a serious sexual offence if not subject to a supervision order and in the community.
3Further, I am satisfied that the conditions in the draft supervision order, previously provided to me and dated 8 May 2020, are appropriate in view of the primary purpose of the condition, and in view of the relevant requirements as set out in s.27 of the Act.
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