State of New South Wales v Stevenson (Preliminary)

The case before the Supreme Court of New South Wales was brought by the State of New South Wales against Mr. Stevenson, who is alleged to be a high-risk offender under the Crimes (High Risk Offenders) Act 2006 (NSW). The state sought an interim supervision order against Mr. Stevenson, who was also subject to a Child Protection Prohibition Order. The primary dispute centered on whether the state could demonstrate to a high degree of probability that Mr. Stevenson posed an unacceptable risk of committing another serious offence if released. This determination was crucial for the court to decide whether to grant the interim supervision order.

The court was tasked with examining several legal issues, primarily whether the evidence presented, including psychiatric reports and Risk Assessment Reports, would establish that Mr. Stevenson posed an unacceptable risk. The court had to balance the state's burden of proving the risk of reoffending against Mr. Stevenson's right to liberty. Furthermore, the court had to consider Mr. Stevenson's history of breaching good behaviour bonds, parole, and extended supervision orders, as well as his record of serious sexual offences, the most recent of which was in 2011.

In assessing the evidence, the court found that the state had presented sufficient information to satisfy the high threshold required for an interim supervision order. The court noted the history of breaches and the nature of the offences, which suggested a pattern of non-compliance and a potential risk to the community. The psychiatric and risk assessment reports provided insights into Mr. Stevenson's psychological profile and risk factors, which the court deemed credible and relevant to the assessment of risk. Based on these findings, the court concluded that the state had demonstrated to a high degree of probability that Mr. Stevenson posed an unacceptable risk of committing another serious offence. Consequently, the court made interim supervision orders in favour of the state.

The final orders included an interim supervision order restricting Mr. Stevenson's movements and requiring him to comply with certain conditions aimed at managing his risk. These orders were intended to protect the community until a final determination could be made in the case.