State of New South Wales v Strudwick

The State of New South Wales brought proceedings against Strudwick, who had been charged with two counts of sexual intercourse with a child under the age of 10, and other offences of a sexual nature. The court was asked to consider whether an extended supervision order should be imposed on Strudwick, who had a history of mental health and drug issues, and had been assessed as a high risk to reoffend. The case proceeded to a preliminary hearing where the State sought an interim extended supervision order, which included electronic monitoring, while the final determination of the application was being made.

The court had to decide whether there was a need for electronic monitoring as part of the interim extended supervision order. The State argued that such monitoring was necessary to protect the community and ensure that Strudwick did not reoffend. The defence did not oppose the interim order but did not support the inclusion of electronic monitoring. The court had to balance the risk to the community against Strudwick's right to liberty and privacy.

After considering the evidence and submissions, the court concluded that electronic monitoring was necessary to manage the high risk that Strudwick posed to the community. The court found that the potential benefit to public safety outweighed Strudwick's right to liberty and privacy. The court therefore made an interim extended supervision order, which included electronic monitoring, until the final determination of the application.