State of New South Wales v Barrie (Second Final)

The State of New South Wales applied for a continuing detention order or alternatively an extended supervision order against Barrie under the Crimes (High Risk Offenders) Act 2006 (NSW). The dispute centred on whether Barrie posed an unacceptable risk of committing another serious offence if he was not detained under a continuing detention order. The matter was heard in the Supreme Court of New South Wales.

The court was required to decide what constituted an "unacceptable risk" under the Act, and whether the risk of Barrie committing another serious sexual offence, if any, was unacceptable. The court had to weigh the risk of some sexual offence if Barrie was not detained against his lack of any record of violence for the past 30 years, and the significantly reduced level of risk that would result from an extended supervision order for 5 years.

The court held that an unacceptable risk was one that was both significant and not reasonably capable of being managed by an extended supervision order. The court found that the risk of Barrie committing another serious sexual offence, if any, was not unacceptable, given his lack of any record of violence for the past 30 years and the significantly reduced level of risk that would result from an extended supervision order for 5 years. The application for a continuing detention order was therefore refused, and an order for conditional extended supervision was granted.

The court ordered that Barrie be subject to an extended supervision order for a period of 5 years, subject to certain conditions, including that he attend regular counselling and that he report to a supervisor on a regular basis.