State of New South Wales v Cheney

In the matter of the State of New South Wales against Cheney, the court was presented with a case concerning the appropriate order to be made under the Crimes (High Risk Offenders) Act 2006. Cheney, a serious sexual offender, had applied for the termination of his continuing detention order, seeking to be released on an extended supervision order. The State of New South Wales opposed this application, arguing that Cheney still posed an unacceptable risk of committing another serious offence if not kept in detention.

The legal issues before the court were whether the criteria for a continuing detention order or an extended supervision order were met in Cheney's case. Specifically, the court had to determine whether Cheney still posed an unacceptable risk of committing another serious offence if not kept in detention, as required by section 5C(d) of the Act. This involved assessing the risk Cheney posed to the community and weighing it against his right to liberty.

The court considered extensive evidence, including expert assessments, and concluded that Cheney still posed a significant risk of reoffending. The court found that the risk of Cheney committing another serious offence was high, and his risk factors had not sufficiently diminished to warrant his release under an extended supervision order. Therefore, the court upheld the continuing detention order, finding it appropriate to keep Cheney in detention to protect the community.

The final orders of the court were that the application for the termination of the continuing detention order be dismissed and that the continuing detention order remain in effect. This decision ensures that Cheney remains under supervision, mitigating the risk he poses to the community.