State of New South Wales v Cannon (Final)

In the matter of the State of New South Wales against Cannon, the Court of Appeal was tasked with considering the imposition of an extended supervision order under the Serious Sex Offenders (Management) Act 2005 (NSW). The defendant, a man with an extensive criminal history culminating in a murder with a sexual element, had served over three decades in custody. The court's primary task was to determine whether the defendant posed an unacceptable risk of reoffending if not kept under supervision. The defendant did not oppose the imposition of the order or its duration, and did not rely on the court's discretion not to impose an extended supervision order. The only dispute in the proceedings concerned a single condition of the order.

The court considered the statutory criteria for imposing an extended supervision order, including the defendant's criminal history, the risk of reoffending, and the potential for rehabilitation. It found that the defendant's criminal record, which included a murder with a sexual element and other serious sex offences, indicated a high risk of reoffending. The court also considered the defendant's lengthy period of incarceration, which had not resulted in any indications of rehabilitation or a change in his attitudes or behaviours. Given these factors, the court found that the defendant posed an unacceptable risk of committing another serious offence if not kept under supervision. The court imposed an extended supervision order for a period of five years, with a condition that the defendant not enter certain public places without prior approval.