Renewed supervision order sought for five years with two
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Quick Take
1Under s 14(6) and s 19 of the Serious Offenders Act 2018 (Vic), a court retains a discretion as to the duration of a renewed supervision order even where satisfied that the offender will continue to pose an unacceptable risk beyond the chosen period; that discretion may be informed by the risk that an excessively long order will extinguish the offender's hope of freedom, diminish rehabilitation prospects, and thereby undermine community protection — the very purposes of the Act.
2Electronic monitoring conditions (GPS tracking and alcohol monitoring via ankle bracelets) will not satisfy the minimum interference requirement in s 27(4) of the SOA where other conditions already in place — particularly 24-hour accompaniment by an approved person, curfew, alcohol and drug prohibitions, and testing — are sufficient to reduce the risk of re-offending by commission of a serious violence offence.
3Under ss 279–280 of the SOA, the risk that publication of an offender's identity would exacerbate paranoia and disengagement, thereby thwarting reintegration and increasing community risk, can outweigh non-compliance with supervision order conditions as a factor against non-publication.
