State of New South Wales v De La Torre (Final) [2024] NSWSC 880

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v De La Torre (Final) [2024] NSWSC 880 Hearing dates: 8 July 2024 Decision date: 23 July 2024 Jurisdiction: Common Law Before: Button J Decision: (1) An order pursuant to sections 5B and 9(1)(a) of the Act that the defendant be subject to an extended supervision order ("the extended supervision order") for a period of two years from the date of the order; and (2) An order pursuant to s 11 of the Act, directing that the defendant, for the period of the extended supervision order, comply with the conditions set out in the Schedule to this judgment. Catchwords: HIGH RISK OFFENDER – application for extended supervision order – where defendant subject to previous supervision order – history of sexual offending against children – where supervision orders breached by further offending in the past – determination of risk – whether unacceptable risk of committing another serious sex offence if not kept under supervision – where extended supervision order opposed – where defendant argues rehabilitative prospects hindered by imposition of extended supervision order – safety and protection of the community – expert evidence of high risk that the defendant might commit a further serious sex offence – extended supervision order imposed – dispute about conditions resolved Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) ss 5B, 9 Cases Cited: R v Roy De La Torre [2014] NSWDC 89 State of New South Wales v De La Torre (Preliminary) [2024] NSWSC 494 State of NSW v Roy De La Torre [2011] NSWSC 1263 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Roy De La Torre (Defendant) Representation: Counsel: K Curry (Plaintiff) C Akthar (Defendant)