State of New South Wales v Strong by his tutor Ainsworth (Final)

The State of New South Wales brought proceedings against Strong, a high-risk offender, seeking an extended supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (NSW). Strong, diagnosed with schizophrenia and a substance use disorder, had a history of sexual assaults. The Court of Appeal was tasked with determining whether it was satisfied to a high degree of probability that Strong posed an unacceptable risk of committing another serious offence if not kept under supervision.

The legal issues before the Court included whether the trial judge had applied the correct legal test in determining the risk Strong posed, and whether the evidence supported the conclusion that Strong was at high risk of reoffending. The Court had to consider the impact of Strong’s mental health conditions on his risk profile and the effectiveness of existing support measures, including a Guardianship order.

The Court of Appeal found that the trial judge had correctly applied the statutory test and was satisfied that Strong posed an unacceptable risk of reoffending. The evidence demonstrated Strong's ongoing risk due to his mental health conditions, despite the presence of a Guardianship order. The Court concluded that Strong’s history of sexual assaults, coupled with his mental health issues, justified the extended supervision order to protect the community. The appeal was dismissed.