› applicant convicted of serious sex offences - defendant examined by psychologists
› defendant diagnosed with Antisocial Personality Disorder and Substance Use Disorder (in remission) - where psychologists assessed defendant as being in above average to high risk category for reoffending
› where both psychologists of view that ESO needed to manage risk
› ESO imposed for three years
Crime
› bail
› show cause
› applicant breached ISO
› breach matter adjourned
› where strong chance defendant will be in custody for longer than likely sentence for ISO breach if bail not granted
› bail granted
EVIDENCE - documentary evidence - tender of documents
› late tender of a Victim Statement under s 21A of the Crimes (High Risk Offenders) Act
› where maker not available for cross-examination
› where victim refused consent for offender to see Statement
› minimal weight placed on factual assertions contained within Statement
Case Details
Citation[2021] NSWSC 775
CourtNSWSC
JurisdictionNew South Wales
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