State of NSW v Roy De La Torre [2011] NSWSC 1263

Supreme Court New South Wales

Medium Neutral Citation: State of NSW v Roy De La Torre [2011] NSWSC 1263 Hearing dates: 19/10/11 Decision date: 28 October 2011 Jurisdiction: Common Law Before: Garling J Decision: (1) Order, pursuant to s 9(1)(a) of the Crimes (Serious Sex Offenders) Act 2006 that Mr De La Torre be subject to an Extended Supervision Order for a period of five years from 28 October 2011. (2) Order pursuant to s 11 of the Crimes (Serious Sex Offenders) Act 2006 that Mr De La Torre comply with the conditions set out in Schedule A which is attached to this judgment. (3) Order that access to the court file in respect of any document shall not be granted without the leave of a Judge of the Court. (4) I direct that in the event that any application for access is made by a non-party to the matter in respect of any document contained on the court file, that the Registrar of the Court is to notify the parties to the summons and provide them with an opportunity to make submissions with respect to whether that access should or should not be granted. Catchwords: SERIOUS SEX OFFENDER - Crimes (Serious Sex Offenders) Act 2006 - Serious sex offender - Paedophilia non-exclusive type - Sentence served - Resident of community support program facility - Application for extended supervision order - Orders unopposed except for duration and residential suitability condition - Evidence of high risk of respondent committing a serious sex offence if does not accept treatment and supervision - Five year supervision order appropriate from psychiatric perspective to reintegrate, consolidate and monitor - Respondent can seek variation of orders in the future - Residential condition sought by respondent prohibiting refusal of accommodation by reason only that it has shared common rooms interferes with soundly based Corrective Services policy - Applicant's orders made