State of New South Wales v Golding (Final)

The State of New South Wales brought an application before the Supreme Court of New South Wales to impose an extended supervision order on an individual, Mr Golding, who had been charged with and convicted of numerous public masturbation offences and one serious sex offence. The state argued that Mr Golding posed an unacceptable risk of reoffending, particularly in relation to serious sexual offences. His history included multiple breaches of parole and reporting obligations, and he had been diagnosed with psychopathy, a condition associated with a high risk of reoffending.

The primary legal issue before the court was whether it was satisfied to a high degree of probability that Mr Golding posed an unacceptable risk of committing another serious offence. This determination required a comprehensive evaluation of Mr Golding's criminal history, the nature and frequency of his offences, his compliance with parole and reporting obligations, and expert assessments regarding his risk of reoffending. The court had to balance the seriousness of the potential harm against Mr Golding's rights and the potential benefits of the extended supervision order.

After examining the evidence, the Supreme Court found that Mr Golding's criminal history and psychological profile indicated a high or very high risk of reoffending, particularly in relation to serious sexual offences. The court noted the numerous instances of public masturbation and the serious nature of his prior conviction, combined with his history of breaching parole and reporting obligations. The expert evidence regarding his psychopathy further supported the finding that he posed an unacceptable risk. Consequently, the court was satisfied to a high degree of probability that an extended supervision order was necessary to protect the public from the risk he posed.

The court ordered that an extended supervision order be imposed on Mr Golding, reflecting the significant risk he posed to the community. This order was intended to provide a framework for managing that risk through stringent supervision and monitoring.