Event and Time
Event Description
The Secretary of the Department of Justice and Community Safety applied for an interim supervision order under Section 46 of the Serious Offenders Act 2018 (Vic) in relation to a respondent, SM, who was subject to an existing supervision order set to expire on July 28, 2021. Due to delays in hearing the renewal application, the Secretary sought an interim order to mitigate any risks posed by SM to the community.
Application and Claims
- Applicant: The Secretary to the Department of Justice and Community Safety.
- Respondent: SM, a previously convicted offender with serious criminal history, including murder and drug offences.
- Claims: The Secretary argued that an interim supervision order was necessary to protect the community due to:
- SM’s significant history of contravening previous supervision orders. - A risk assessment report indicating a "moderate-high" risk of serious violence if released unsupervised.
Judicial Decisions
The court granted the interim supervision order for a maximum period of four months from July 22, 2021, with terms similar to the existing supervision order. The ruling emphasized safeguarding the community until the renewal application could be determined.
Dispute Points and Legal Basis
Dispute Points
Secretary's Claims
- Risk to Community: The application based on the Godfredson Report indicating a serious risk of reoffending.
- Justifiable Reason for Interim Order: Highlighted the necessity due to the expiry of the existing supervision order and delays in the renewal application hearing.
SM's Defense
- Contested Conditions: SM disputed the conditions proposed for the interim order, arguing against specific residential and curfew restrictions.