State of New South Wales v Sturgeon (Preliminary)

The State of New South Wales filed a case against Mr Sturgeon, seeking to establish him as a high-risk offender. The dispute involved the interpretation of the relevant legal provisions regarding the making of an extended supervision order (ESO) against an individual who has been convicted of a serious violent offence and a serious sexual offence. The matter was heard in the Supreme Court of New South Wales. The primary legal issue before the court was to determine whether the matters alleged in the supporting documentation would, if proved, justify the making of an ESO. Additionally, the court needed to decide whether these matters established an unacceptable risk of the commission of a serious violence offence as well as a serious sex offence, which are necessary preconditions for the making of an ESO.

The court examined the supporting documentation provided by the state and considered the legal criteria for making an ESO. The state had to demonstrate that Mr Sturgeon posed an unacceptable risk of reoffending, specifically in relation to serious violence and sexual offences. The court applied a limited test at the preliminary hearing stage, focusing on whether the evidence presented was sufficient to warrant further investigation. The court concluded that the allegations, if proven, could justify the making of an ESO and that there was a prima facie case establishing an unacceptable risk of reoffending in relation to both serious violence and serious sexual offences. The court found that the preconditions for appointing two qualified psychiatrists or psychologists to assess Mr Sturgeon were met, as the evidence indicated a potential for serious reoffending.

The court's reasoning led to the determination that there were sufficient grounds to proceed with the case. It was found that the supporting documentation presented a reasonable possibility that Mr Sturgeon would reoffend if not subject to an ESO. The court ordered the appointment of two qualified psychiatrists or psychologists to further assess Mr Sturgeon's risk of reoffending and to provide their expert opinions. This preliminary decision set the stage for the subsequent stages of the case, where a more detailed assessment and evidence would be required.