TSL v The Secretary to the Department of Justice
[2006] VSCA 19914 VR 109
166 A Crim R 69
TSL
v The Secretary to the Department of Justice
Judges:
Callaway AP
Buchanan JA
Coldrey AJA
Subject References:
CRIMINAL LAW
Extended supervision order
Appellant sentenced in 2001 to four years and three months' imprisonment, with non-parole period of two years and three months, for ten relevant offences
Three previous convictions, from one court appearance, for relevant offences
meaning of "satisfied, to a high degree of probability, that the offender is likely to commit a relevant offence"
Appeal provisions
Whether finding that appellant was likely to commit a relevant offence was flawed
Relationship between s 8, dealing with assessment reports, and s 11
Nature of decision under s 11(1)
Matters to consider in making a finding whether an offender is likely to commit a relevant offence
Choice between revoking extended supervision order and confirming decision of court below, there being no power to send case back for reconsideration
Extended supervision order revoked
Legislative References:
Serious Sex Offenders Monitoring Act 2005 - ss 1, 3, 4, 5, 8, 11, 12, 15, 16, 23, 24, 26, 36, 37, 38, 39, 40, 42
Corrections Act 1986 - s 69
Interpretation of Legislation Act 1984 - s 45
Sentencing Act 1991 - Part 2A, ss 6E, 18B
Charter of Human Rights and Responsibilities - s 7(2)
Other References:
(VIC) Serious Sex Offenders Monitoring Act 2005 ss 1, 3, 4, 5, 8, 11, 12, 15, 16, 23, 24, 26, 36, 37, 38, 39, 40, 42
(VIC) Corrections Act 1986 s 69
(VIC) Interpretation of Legislation Act 1984 s 45
(VIC) Sentencing Act 1991 Pt 2A, ss 6E, 18B
(CTH) Charter of Human Rights and Responsibilities s 7(2)
Judgment date: 4 September 2009
Order
1. The title of the proceeding is amended nunc pro tunc to read " TSL v The Secretary to the Department of Justice ".
2. The document headed "Notice of Application for Leave to Appeal against an Extended Supervision Order" filed on 18th July 2006 is treated as a notice of appeal, pursuant to s 38 of the Serious Sex Offenders Monitoring Act 2005, given to the Court of Appeal on that date.
3. The extended supervision order made by the County Court on 21st June 2006 in respect of the appellant is revoked, except the suppression order in paragraph 4 thereof.
4. Notwithstanding that suppression order and the further suppression order made by the Court of Appeal on 18th September 2006, the reasons for judgment of the Court of Appeal on 26th September 2006 may be published.