State of New South Wales v Stevenson (Final)

In the Supreme Court of New South Wales, the State of New South Wales brought an application against Stevenson for an extended supervision order under the Serious Sex Offenders (Management and Monitoring) Act 2005. The application arose from an interim supervision order previously made in relation to Stevenson, who was considered to be a high-risk offender due to his history of committing serious sexual offences. The court had to determine whether Stevenson posed an unacceptable risk of reoffending, and if so, whether the order should be extended with certain conditions.

The primary legal issues addressed by the court were whether Stevenson still posed an unacceptable risk of committing further serious sexual offences, and if so, whether the proposed conditions of the extended supervision order were appropriate. The court considered expert evidence that Stevenson had a high risk of reoffending, as well as evidence that his risk had been abated over time. Factors such as the six-year period since Stevenson had committed any offence with a sexual element and the presence of protective factors in his life were weighed. Additionally, the court took into account that Stevenson was already subject to a Child Protection Prohibition Order, which limited his contact with children.

The court was satisfied to a high degree of probability that Stevenson still posed an unacceptable risk of reoffending, despite evidence of some abatement of risk. The court accepted that while Stevenson had not reoffended in the six years since his last offence, he had not fully acknowledged his intrusive sexual fantasies. However, the court noted the presence of protective factors in Stevenson’s life and modified the proposed conditions of the extended supervision order accordingly. Ultimately, the court exercised its discretion to grant the application for an extended supervision order, with the conditions tailored to address Stevenson’s ongoing risk while also considering his circumstances.

The final orders included an extended supervision order for Stevenson, subject to specific conditions that were modified based on the court's assessment of his risk and protective factors. These conditions were designed to monitor and manage Stevenson's risk of reoffending while allowing for some degree of rehabilitation and reintegration into the community. The court emphasised the importance of ongoing assessment and review of Stevenson’s risk level and compliance with the order.