The case provides a comprehensive summary of the competing first-instance approaches to the meaning of 'unacceptable risk' under s 5B(2) of the Crimes (High Risk Offenders) Act 2006 (NSW), endorsing the approach that it is preferable to avoid putting a gloss on the statutory words and instead to consider factors such as the nature and likelihood of the relevant risk and form a judgment as to whether the risk is unacceptable. The case also demonstrates that contextual risk factors — such as an offender's continuing capacity to attract followers and access potential victims through religious activities — can support a finding of unacceptable risk even where the offender has not returned to the specific setting in which prior offences occurred.
The full text is available to signed-in members, including the 95 later cases that cite this judgment.
5 of the 95 citing cases carry a classified treatment. How each court treated it is available to signed-in members.