R v Peta

The appellant, Jacob Rangaiti Peta, appeals against the decision of Judge Dawson to impose an extended supervision order (ESO) on him for the next ten years on the basis that he posed a real and ongoing risk of committing sexual offences against children. The ESO was imposed on 5 January 2006. The Court of Appeal heard Mr Peta's appeal on 18 July 2006 and, after hearing further evidence and submissions from the parties on 30 November 2006, allowed the appeal and quashed the ESO on 28 February 2007. The Court found that the reasons given by the Judge for the imposition of an ESO were so inadequate that the matter had to be reconsidered afresh. The Court found that, on the evidence now before it, Mr Peta's risk of sexual recidivism against children was not such to justify the imposition of an ESO. The Court found that the risk of relevant offending by Mr Peta was not both real, ongoing and one that could not sensibly be ignored having regard to the nature and gravity of the likely re-offending.