State of New South Wales v Brookes (Final)

The Supreme Court of New South Wales recently heard an application by the State for an extended supervision order against a man who has a history of sexual offences against children. The application was brought under the Crimes (High Risk Offenders) Act 2006 (NSW). The respondent, who has been subject to various forms of conditional liberty over many years, has recently been placed in a secure aged care facility due to significant physical and mental ailments. Despite the respondent’s current circumstances, the State argued that there remained a continuing unacceptable risk that he would reoffend if not subject to an extended supervision order.

The court was required to determine whether the respondent’s history of offending, coupled with his current physical and mental health conditions, justified the imposition of an extended supervision order. The court also needed to weigh the severity and frequency of the respondent’s previous offences against his current circumstances and assess whether there were alternative forms of supervision that could be considered less onerous. The court found that the respondent’s history of offending against children was severe and persistent, and that his current residence in a secure aged care facility did not eliminate the risk of reoffending. The court concluded that an extended supervision order was necessary to manage this risk effectively.

The court imposed an extended supervision order, finding that the conditions of such an order were the least onerous means of ensuring public safety. The court acknowledged the respondent’s current health issues but determined that these did not preclude the need for ongoing supervision. The court was satisfied that no less onerous conditions would adequately address the continuing unacceptable risk posed by the respondent. The court’s decision emphasised the importance of balancing the rights of the individual with the need to protect the community from significant harm.