State of New South Wales v Windle (No 6) (Final)

The State of New South Wales filed an application in the Supreme Court of New South Wales seeking a further extended supervision order (ESO) against Mr Windle, identified as a high-risk offender. Mr Windle has a history of personality disorder, various psychotic disorders, episodes of self-harm, and auditory hallucinations, and has breached the conditions of his existing ESO. The application was brought under the provisions of the Crimes (Serious Sex Offenders) Act 2006, specifically section 5B, which sets out the conditions that must be satisfied for the court to make an ESO. The primary issue before the court was whether the statutory preconditions for making an ESO were met, given Mr Windle's ongoing risk of committing serious offences involving violence.

The court found that the preconditions under section 5B were satisfied. The evidence presented indicated that Mr Windle posed a high risk of committing further serious offences involving violence. Expert opinions supported this conclusion, placing Mr Windle in the high-risk category for violent offending. The court also considered the potential danger Mr Windle posed to the community and concluded that he constituted an unacceptable risk. The court took into account the severity and nature of his previous offences, his mental health conditions, and his history of breaching the conditions of his existing ESO. These factors collectively supported the making of a further ESO.

After determining that the preconditions for an ESO were met, the court then considered the appropriate conditions that should form part of the ESO. The court decided to make some changes to the standard form conditions to better suit Mr Windle's specific circumstances. The final ESO included a tailored set of conditions aimed at managing Mr Windle's risk of reoffending and ensuring public safety. The court issued a further extended supervision order against Mr Windle, with the specified conditions reflecting the high-risk nature of the offender and the need to mitigate the risk to the community.