Greene (a pseudonym) v Secretary to the Department of Justice and Community Safety

[2021] VSCA 79

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Post-sentence supervision orders
3. › Serious sex offenders
4. › Conditions of supervision order
5. › Electronic monitoring and curfew conditions
6. › Whether combination of conditions unreasonable or plainly unjust
7. › Whether conditions necessary to protect community from risk of reoffending
8. › Serious Offenders Act 2018 (Vic), ss 1, 14(1), 27(4), 31, 34, 35, 38
1. Appeal
2. › Standard of appellate review
3. › Appeal from discretionary decision
4. › Supervision order conditions
5. › Application of House v The King principles
6. › Whether decision unreasonable or plainly unjust
7. › Serious Offenders Act 2018 (Vic), s 115(1)(c)

Quick Take

Appeals against conditions of supervision orders under s 115(1)(c) of the Serious Offenders Act 2018 (Vic) are governed by the House v The King standard, requiring the appellant to demonstrate that the conditions were unreasonable or plainly unjust. GPS monitoring and curfew conditions may be imposed in addition to SCRAM alcohol monitoring where the SCRAM device has a time lag and provides no location data, and where the offender's risk profile involves alcohol-related sexual offending.