State of New South Wales v Wilmot (Final)

The defendant, Wilmot, appeared before the court in the final hearing of a case brought by the State of New South Wales. The state sought a continuing detention order and/or an extended supervision order in relation to Wilmot, who had a history of a disturbing pattern of violence and violent sexual offending against unaccompanied young women. Victim statements were provided to the court under section 21A. The court had to determine whether Wilmot posed an unacceptable risk of committing another serious offence if not kept in detention.

The court had to consider the risk Wilmot posed to the community if not kept in detention. The legal issues involved assessing the likelihood of Wilmot reoffending, the severity of his past crimes, and the need for community protection. The court was required to balance the defendant's rights against the need for public safety. It considered the statutory criteria and the evidence provided, including the victim statements and expert opinions on Wilmot's risk of reoffending.

The court found that the evidence demonstrated that Wilmot posed an unacceptable risk of committing another serious offence if not kept in detention. It was satisfied to a high degree of probability that Wilmot would reoffend, particularly against vulnerable individuals such as unaccompanied young women. The court determined that the need for community safety outweighed the defendant's rights. Therefore, it made a continuing detention order. The court considered that the extended supervision order would not be sufficient to protect the community from the risk posed by Wilmot.

The final order of the court was a continuing detention order for Wilmot, recognising the significant risk he posed to the community. The court emphasised that the paramount concern was the safety of the community. The order was made under the statutory provisions that allow for the detention of high-risk offenders. The court did not deem an extended supervision order sufficient to address the risks posed by Wilmot.