State of New South Wales v Currie (Preliminary)

The preliminary hearing in State of New South Wales v Currie was held to determine whether an extended supervision order (ISO) should be imposed on the defendant, who had an extensive criminal history, including convictions for sexual assault and indecent assault. The defendant also suffered from a psychotic illness. The hearing was held under the Crimes (Serious Sex Offenders) Act 2006 (NSW). The primary issue for the court was whether the defendant's risk of reoffending warranted the imposition of an ISO, given his criminal history, mental health condition, and the results of a risk assessment that placed him well above average in terms of risk.

The court considered the defendant's criminal history, which included multiple sexual offences, and his current mental health condition. The court examined the results of the risk assessment, which indicated a high likelihood of reoffending. The court also took into account the defendant's extensive history of non-compliance with previous orders and the potential impact of his psychotic illness on his ability to manage his behaviour. The court concluded that the defendant's risk of reoffending was sufficiently high to warrant the imposition of an ISO. The court noted that the defendant's mental health condition, while a mitigating factor, did not outweigh the risk of reoffending. The court granted an interim supervision order pending a final hearing.

The court set out the conditions that would apply to the ISO, which included requirements for the defendant to comply with treatment and to report regularly to a supervision officer. The court also imposed conditions related to the defendant's mental health treatment and monitoring. The court ordered that the final hearing for the imposition of the ISO would be held at a later date.