Secretary to the Department of Justice and Community Safety v F, R
[2023] VCC 2295
•12 December 2023
| 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 | |
| F, R | Respondent |
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| JUDGE: | His Honour Judge Pillay |
| WHEREHELD: | Melbourne |
| DATEOFHEARING: | 6 December 2023 |
| DATEOFRULING: | 12 December 2023 |
| CASEMAYBECITED AS: | Secretary to the Department of Justice and Community Safety v F, R |
| MEDIUMNEUTRALCITATION: | [2023] VCC 2295 |
REASONS FOR RULING
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Subject: Application for Interim Supervision Order
Catchwords: Interim Supervision Order – Whether it is in the public interest to make an interim supervision order – Whether the respondent poses an unacceptable risk – Non-publication order
Legislation Cited: Serious Offenders Act 2018 s 48(1)
Ruling: Application granted
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| APPEARANCES: | Counsel | Solicitors |
FortheApplicant | L McAuliffe | Russell Kennedy |
FortheRespondent | J Fitzgerald | Victoria Legal Aid |
COUNTY COURT OF VICTORIA
250 William Street, Melbourne
HIS HONOUR:
1Mr McAuliffe, appearing for the Secretary to the Department of Justice (“the Secretary”) makes application for an interim supervision order under s 48(1) of the Serious Offenders Act 2018 (Vic) (“the Act”). The respondent, F, R is represented on the application by Mr Fitzgerald.
2Mr Fitzgerald 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 on the order.
3I have had the opportunity to read the assessment report prepared by Dr Karen Owen, Clinical and Forensic Psychologist, dated 9 August 2023. Based on the material in that report, the substance of the antecedent offending and the criminal history, I am satisfied that the respondent poses an unacceptable risk of committing a relevant offence if an interim supervision order is not in effect and he is released unsupervised in the community. I am satisfied that the core conditions and additional conditions that both Counsel submit are necessary to address the risk of further offending.
4I therefore order that F, R be subject to an interim supervision order under the Act. The order is to commence on 19 January 2024 or the day F, R is released from custody, whichever occurs first. The interim supervision order remains in force for a period not exceeding 4 months. The interim 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 6 December 2023.
5Finally, 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 6 December 2023.
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