AB v The Secretary to the Department of Justice and Community Safety

[2025] VSCA 119

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. › Residence condition
6. › Whether judge erred in imposing residence condition requiring offender to reside at residential facility
7. › Whether condition constituted minimum interference with liberty necessary in the circumstances
8. › Serious Offenders Act 2018 (Vic), ss 27, 33, 34
1. Criminal Law
2. › Appeal
3. › Supervision order under Serious Offenders Act 2018
4. › Appeal against conditions of supervision order
5. › Standard of appellate review
6. › Whether imposition of condition is discretionary decision attracting House v The King principles
7. › Serious Offenders Act 2018 (Vic), ss 115, 119, 121
1. Criminal Law
2. › Post-sentence supervision orders
3. › Evidence
4. › Admissibility of expert and factual evidence
5. › Whether psychologist's evidence exceeded specialised knowledge
6. › Whether corrections officer's evidence as to accommodation availability was admissible
1. Criminal Law
2. › Post-sentence supervision orders
3. › Procedural fairness
4. › Whether appellant afforded fair hearing
5. › Late service of documents
6. › Refusal of adjournment
7. › Restriction on cross-examination

Quick Take

The imposition of conditions on supervision orders under the Serious Offenders Act 2018 (Vic) is a discretionary decision attracting House v The King principles, and a residence condition requiring an offender to reside at a designated facility on a transitional basis, with mechanisms for review, may be imposed where the only alternative residence proposed is found unsuitable and no other suitable accommodation is available.