State of New South Wales v Robert John Dennis (No 2)

[2016] NSWSC 1266

Supreme Court

New South Wales

Medium Neutral Citation:

State of New South Wales v Robert John Dennis (No 2) [2016] NSWSC 1266

Hearing dates:

05 September 2016

Date of orders:

05 September 2016

Decision date:

05 September 2016

Jurisdiction:

Common Law

Before:

Wilson J

Decision:

1. The time for service of this motion be abridged.

 

2. Pursuant to s 10C Crimes (High Risk Offenders) Act 2006 (NSW), the interim supervision order made by the Court on 14 July 2016, that being Order 2 of the Orders which were renewed on 9 August 2016 to take effect 10 August 2016, be renewed for a further period of 28 days from 12:00am on 6 September 2016.

 

3. Liberty to the parties to apply on one (1) days’ notice.

 4. Relist matter for mention before the Duty Judge for 30 September 2016 for the purpose of seeking an application to further renew the Interim Supervision Order.

Catchwords:

CIVIL LAW – high risk sex offender – application for renewal of interim supervision order – by consent

Legislation Cited:

Crimes (High Risk Offenders) Act 2006 (NSW), ss 6, 10C

Cases Cited:

State of New South Wales v Robert John Dennis [2016] NSWSC 993

Category:

Procedural and other rulings

Parties:

State of New South Wales (Plaintiff)
Robert John Dennis (Defendant)

Representation:

R Giurastante (Appeared for both plaintiff and defendant)

File Number(s):

2016/00191378

Publication restriction:

None

EX TEMPORE Judgment

1. On 14 July 2016 his Honour Beech-Jones J made an order under s 10A of the Crimes (High Risk Offenders) Act 2006 (NSW) that the defendant, Robert John Dennis, be subject to an interim supervision order for a period of 28 days from 14 July 2016. A copy of his Honour’s decision may be found at State of New South Wales v Dennis [2016] NSWSC 993. His Honour made some additional orders on that date for the appointment of a psychiatrist and a psychologist to conduct separate examinations of the defendant and furnish reports to the Court by 31 August 2016, and directing Mr Dennis to attend appointments with those individuals.

2. The period of interim supervision to which his Honour made the defendant subject was extended on 9 August 2016 by her Honour Natalie Adams J.

3. The matter has come before me in the duty list to consider a further extension of the interim supervision order that applies to the defendant. What is sought by the plaintiff is a further order pursuant to s 10C of the Crimes (High Risk Offenders) Act, that the order initially made by his Honour Beech-Jones J and extended by Natalie Adams J, be further renewed for another period of 28 days from 12 am on 6 September 2016.

4. The extension of the order is not opposed by the defendant and indeed Ms Giurastante, for the State of NSW, appears by consent on the defendant’s behalf as well as on behalf of the plaintiff. That concession by the defendant is significant and I have had regard to it in coming to the view that the defendant should be made the subject of a further extension of the interim supervision order.

5. It is necessary for the Court to reach the view that the order is necessary and I have informed myself of the evidence presently available against Mr Dennis from the summary as set out by his Honour Beech Jones J in his judgment. I am satisfied on the basis of his Honour’s summary of the evidence, without having read the whole of the evidence, that the interim supervision order is necessary. I am additionally satisfied that Mr Dennis is, for the purposes of the interim order, a high risk sex offender.

6. Under the Crimes (High Risk Offenders) Act, the making of an interim supervision order is indicated in proceedings for an extended supervision order where it appears to the court that the offender’s current custody or supervision will expire before the proceedings are determined, that being the case here, and that the matters alleged in the supporting documentation, that is the evidence as summarised by his Honour Beech-Jones J, would, if proved, justify the making of a high risk sex offender extended supervision order. Section 6 of the Crimes (High Risk Offenders) Act provides that an offender is a high risk sex offender if the offender is a sex offender and the court is satisfied to a high degree of probability that the offender poses an unacceptable risk of committing a serious sex offence if he is not kept under supervision.

7. Having considered the evidence as summarised by his Honour Beech Jones J, I have come to the conclusion that the statutory test has been met and it is appropriate to extend the interim supervision order. That is particularly so here having regard to the defendant’s level of intellectual disability, his historical reluctance to participate in rehabilitation programs, and the nature of the offences of which he stands convicted, they being what might broadly be categorised as child sexual assault offences.

ORDERS

8. Accordingly, I propose to make the orders sought by the plaintiff and I make the following orders:

1. The time for service of this motion is abridged.

2. Pursuant to s 10C of the Crimes (High Risk Offenders) Act 2006 (NSW), the interim supervision order made by the court on 14 July 2016, that being order 2 of the orders which were renewed 9 August 2016 to take effect from 10 August 2016, be renewed for a further period of 28 days from 12 am on 6 September 2016.

3. I grant liberty to the parties to apply on one days’ notice.

4. I list the matter for mention before the duty judge on 30 September 2016 for the purpose of considering an application to further renew the interim supervision order.

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Decision last updated: 12 September 2016