Secretary to the Department of Justice and Community Safety v Newton (a pseudonym)
[2020] VCC 621
•1 May 2020
| 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 | |
| Ray Newton (a pseudonym) | Respondent |
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JUDGE: | Judge Pillay | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 1 May 2020 | |
DATE OF RULING: | 1 May 2020 | |
CASE MAY BE CITED AS: | Secretary to the Department of Justice and Community Safety v Newton (a pseudonym) | |
MEDIUM NEUTRAL CITATION: | [2020] VCC 621 | |
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
Legislation Cited: Serious Offenders Act 2018 s 46(1)
Ruling: Application granted
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APPEARANCES: | Counsel | Solicitors |
| For the Applicant | A. Imrie | Victorian Government Solicitor’s Office |
| For the Respondent | D. Gibson | Victoria Legal Aid |
HIS HONOUR:
1 Mr Imrie, appearing for the Secretary to the Department of Justice (“the Secretary”) makes application for an interim supervision order under s 46(1) of the Serious Offenders Act 2018 (Vic) (“the Act”). The respondent, Mr Newton,[1] is represented on the application by Mr Gibson.
[1]A pseudonym
2 Mr Gibson 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.
3 I have had the opportunity to read the assessment report prepared by Mr Candlish, Consultant Psychologist, dated 15 January 2020. Based on the material in those reports, I am satisfied that the respondent poses an unacceptable risk of committing a relevant offence if a 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.
4 I therefore order that Mr Newton be subject to an interim supervision order under the Act. The order is to commence on 23 May 2020. The interim supervision order remains in force for 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 1 May 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 1 May 2020.
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