The Court of Criminal Appeal held that 'associate' in condition 30 of an extended supervision order, which includes 'being in company with', encompasses deliberately and intentionally placing oneself in the company of a child in circumstances beyond mere fortuitous proximity, even where the offender's direct verbal engagement was with the child's parent rather than the child. The Court further held that the requisite mens rea for breach is the intention to engage in the conduct that constitutes association (here, intentionally being in the child's company and engaging the parent in conversation about the child), not a subjective intention to 'associate' with the child as a legal concept. The meaning of 'associate' was construed by reference to the text of the ESO read in light of its context and purpose, including the protective objects of the Crimes (High Risk Offenders) Act 2006 (NSW) and the nature of the index offending.
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