Attorney-General (SA) v Thomas

[2026] SASC 4

Supreme Court of South Australia

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Post-custodial orders
4. › Continuing detention orders
5. › High risk offenders
6. › Breach of extended supervision order
7. › Whether respondent poses appreciable risk to safety of community if not detained
8. › Whether CDO should be imposed and for what duration
9. › Criminal Law (High Risk Offenders) Act 2015 (SA), ss 7, 18
1. Criminal Law
2. › Sentence
3. › Sentencing orders
4. › Orders and declarations relating to serious or violent offenders or dangerous sexual offenders
5. › Standard of proof for jurisdictional facts
6. › Whether balance of probabilities applies to satisfaction of risk under s 18(2)(b)
7. › Criminal Law (High Risk Offenders) Act 2015 (SA), s 18(2)
1. Criminal Law
2. › Sentence
3. › Post-custodial orders
4. › Extended supervision orders
5. › Breach of conditions
6. › Criminogenic link between substance abuse and sexual offending
7. › Relevance of untried charges to risk assessment

Quick Take

The jurisdictional facts prescribed in s 18(2)(a) and s 18(2)(b) of the Criminal Law (High Risk Offenders) Act 2015 (SA) require satisfaction on the balance of probabilities, and a CDO may be imposed for a limited period to facilitate treatment rather than for the full remaining term of an ESO.