State of NSW v Bastian

The State of New South Wales brought an application against Bastian, a convicted offender, under the provisions of the Crimes (Serious Sex Offenders) Act 2006. The application sought an extended supervision order for Bastian, who had previously been convicted of a serious sex offence. The nature of the dispute centred on whether Bastian posed an ongoing risk to the community if not subjected to extended supervision. The matter was heard in the Supreme Court of New South Wales.

The primary legal issue before the court was whether Bastian's risk of reoffending warranted the imposition of an extended supervision order. The court had to determine if there was a high degree of probability that Bastian would commit a serious sex offence if not supervised, as required by the statutory criteria. Additionally, the court needed to assess whether the imposition of an extended supervision order was necessary for the safety of the community.

The court analysed the statutory provisions and considered expert evidence regarding Bastian's risk of reoffending. It found that there was a high degree of probability that Bastian would commit a serious sex offence if not supervised. The court concluded that the safety of the community required the imposition of an extended supervision order. The court accepted that the risk was not only significant but also unacceptable, thereby warranting the extended supervision. The court thus granted the application and made an extended supervision order for Bastian.