State of New South Wales v Brookes (Preliminary)

In the Supreme Court of New South Wales, the State of New South Wales sought an interim supervision order for the defendant, Brookes, who has a history of sexual offences against children. Brookes, who is of somewhat advanced age and has chronic sexual attraction to children, has been subject to multiple supervision orders over many years. The court was tasked with determining whether an interim supervision order should be imposed and, if so, what conditions should be attached to it.

The primary legal issue before the court was whether the defendant's history of offending, coupled with his chronic sexual attraction to children, warranted the imposition of an interim supervision order. The court also had to consider the defendant's physical and cognitive impairments, as well as his age, in determining the appropriate conditions for such an order. The experienced counsel for the defendant did not oppose the imposition of an order, recognising the necessity of supervision to mitigate the risk posed by the defendant.

The court concluded that the defendant's history of offending and his chronic sexual attraction to children justified the imposition of an interim supervision order. The court considered that supervision was required to mitigate the risk that the defendant posed to children, despite his age and impairments. The court imposed an interim supervision order with specified conditions, which were not opposed by counsel for the defendant.