State of New South Wales v Mills (No 2)

The State of New South Wales sought an extended supervision order against Mills, who was convicted of a high-risk violence offence. The court was required to determine whether it had the jurisdiction to make such orders, and whether it could take into account subsequent sexual offending in its evaluation of the risk Mills posed. Additionally, the court needed to consider whether it had the power to impose conditions relating to employment as part of the extended supervision order.

The court found that it did indeed possess the jurisdiction to make extended supervision orders, even in cases involving subsequent sexual offending, as long as there was no unacceptable risk of such offending. The court considered that it had the discretion to take into account later sexual offending when evaluating the risk posed by the defendant. Furthermore, the court found that it did not need to impose conditions relating to employment unless there was an unacceptable risk of sexual offending. The court ultimately granted the extended supervision order, taking into account the seriousness of the original offence and the risk of reoffending.

Mills was subject to an extended supervision order for a period of three years, with conditions that included regular reporting to a supervision officer, abstaining from alcohol and drugs, and participating in any programs deemed necessary by the supervising authority. The court found that these conditions were sufficient to manage the risk posed by Mills, without imposing unnecessary restrictions on his employment opportunities. The court also noted that the order was not intended to punish Mills, but rather to protect the community and provide support for his rehabilitation.