Chief Executive of the Department of Corrections v Waiti

The Chief Executive of the Department of Corrections sought an extended supervision order (ESO) in respect of Mr Waiti, to protect the community from the real and ongoing risk of Mr Waiti's serious violent offending on his release into it. The legal issues the Court had to decide were whether Mr Waiti qualified as an eligible offender for an ESO, and if so, what term the order should have. The Court found Mr Waiti has, or has had, a pervasive pattern of serious violent offending, and that he has a very high risk of committing a relevant violent offence in future. The Court accepted the evidence of the health assessors that there is a very high risk of Mr Waiti's violent (re-)offending against indeterminate members of the community. The Court concluded that, on the evidence before it, the likely duration of the risk is five years. The Court ordered an ESO for a term of five years, and required the Parole Board to impose an intensive monitoring condition for a maximum duration of 12 months. The Court also imposed special conditions on an interim basis.