The Court imposed a 12-month continuing detention order under s 5C of the Crimes (High Risk Offenders) Act 2006 (NSW) in preference to an extended supervision order with line-of-sight supervision, finding to a high degree of probability that the defendant posed an unacceptable risk of committing a further serious sexual offence if not detained. The Court placed significant weight on the practical differences between a CDO and ESO, particularly that a CDO allows immediate modification of custodial arrangements and leave entitlements in response to incidents without triggering formal breach processes, and that line-of-sight supervision under an ESO was only resourced for six weeks. The RELP under a CDO, including the capacity for graduated overnight stays at the COSP, was found to provide the most flexible and responsive framework for managing the defendant's transition given his extreme institutionalisation, lack of insight, and decades-long pattern of serious sexual offending.
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