Event and Time
Event Description
- Application made by Ms. Holmes for a review of a supervision order under the Serious Offenders Act 2018 (Vic).
- The respondent, Mr. Hayes, is represented by Mr. de Kretser.
- Mr. de Kretser did not oppose the making of the order or the proposed conditions.
Application and Claims
- The application seeks to determine whether the test for making a supervision order has been met.
- The court must assess the risk posed by Mr. Hayes in the event of unsupervised release.
Judicial Decisions
- The court reviewed assessment reports prepared by Dr. Michael Davis.
- Ruling based on the determination that Mr. Hayes poses an unacceptable risk if released unsupervised.
- The existing supervision order (from 4 May 2011) remains in force until 3 July 2023.
- Specific conditions were imposed on the supervision order as consented to by Mr. Hayes.
- Issued an order under s 279 of the Act to prohibit publication of identifying information about Mr. Hayes.
Dispute Points and Legal Basis
Dispute Points
- Claim by the Secretary:
- Mr. Hayes poses a significant risk if not supervised. - Urgency for maintaining public safety through a supervision order.
- Respondent's Position:
- Mr. de Kretser did not oppose the order or its conditions, suggesting acknowledgment of the need for supervision.
- Evidence and Reports:
- Dr. Michael Davis's assessment report indicates Mr. Hayes's risk level and suggested conditions for supervision.
- Reasoning Logic: