Secretary to the Department of Justice and Community Safety v Beckett (a pseudonym)

[2020] VCC 238

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

COMMON LAW DIVISION

Revised
Not Restricted
Suitable for Publication

Secretary to the Department of Justice and Community Safety	Applicant
v
Phillip Beckett (a pseudonym)	Respondent

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JUDGE:	Judge Pillay
WHERE HELD:	Melbourne
DATE OF HEARING:	2 April 2020
DATE OF RULING:	8 April 2020
CASE MAY BE CITED AS:	Secretary to the Department of Justice and Community Safety v Beckett (a pseudonym)
MEDIUM NEUTRAL CITATION:	[2020] VCC 238

REASONS FOR RULING
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Subject:  Application for Review of Supervision Order

Catchwords:             Interim supervision order – whether order in the public interest

Legislation Cited:     Serious Offenders Act 2018
Ruling:  Application granted

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APPEARANCES:	Counsel	Solicitors
For the Applicant	Ms S Manly	Russell Kennedy Lawyers
For the Respondent	Mr J McLoughlin	Victoria Legal Aid

HIS HONOUR:

1 Ms Manly, appearing for the Secretary to the Department of Justice makes application for an interim supervision order under s 46 of the Serious Offenders Act 2018 (Vic) (“the Act”).

2       The respondent, Mr Beckett,[1] is represented on the application by Mr McLoughlin. Mr McLoughlin advised that the respondent did not oppose the making of the order or the proposed conditions. However, it is still a matter for me to determine whether the test for the making of the order has been met and if so, the conditions that are appropriate.

[1]A pseudonym

3       I have had the opportunity to read the detailed assessment report prepared by Dr Astrid Birgden dated 27 December 2019 and Dr Birgden’s addendum report dated 21 January 2020. Based on the material in those reports, I am satisfied that it is in the public interest to make an interim supervision order. I am satisfied that the core conditions and additional conditions are in the public interest.

4 I therefore order that the respondent be subject to an interim supervision order under the Act. The order is to commence on 21 April 2020, but should the respondent’s custodial sentence be completed on an earlier date, the order is to commence on that date. The interim supervision order remains in force until the determination of the application for a supervision order, but for a period not exceeding four months, unless exceptional circumstances arise. 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 2 April 2020.

5 Finally, 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. The form of the order under s 279 is set out in paragraph 7 of the formal order signed by me on 2 April 2020.