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note This judgment was delivered by Justice Wylie
on 19 February 2014 at 4.00 pm
Pursuant to r 11.5 of the High Court Rules
It is noteworthy that Keane J declined a request by the Crown to sentence Mr Robertson to preventive detention, noting that the Court’s ability to impose an extended supervision order upon his release was a relevant factor in determining whether a non-finite sentence was appropriate
Ms Tolond is a qualified registered psychologist
She detailed Mr Robertson’s pattern of offending and concluded that he displays a tendency to use violence, both instrumentally, and reactively. Having considered Mr Robertson’s criminal history, I agree with that comment. Ms Tolond considered that Mr Robertson’s move to sexual offending increased the risk he poses to the community. Again, I agree with this comment.
She recorded that Mr Robertson does not accept that he sexually offended against the victim, and that he has not accepted any responsibility for his actions. He has manifested no empathy for the victims, and he became agitated when he was questioned in regard to these matters. She noted that Mr Robertson’s lack of remorse, penchant for externalising responsibility, and ongoing sense of entitlement, appear to be part of an enduring personality pattern, whereby he blames and holds others accountable for his behaviour.
verall, Ms Tolond signalled there is a high risk that Mr Robertson will engage in relevant sexual offending on his release. She considered that his sexual reoffending is likely to place female children who are unknown to him, including those in public places, at risk of abduction, indecent assault, or further sexual offences.
On 6 January 2014, Mr Robertson was convicted for breaching his parole conditions by failing to comply with the house rules imposed by the Prisoners Aid and Rehabilitation Society which was providing him with accommodation.
is also charged that on 16 January 2014, Mr Robertson, despite a previous warning, was in a public park. The Parole Board required as a condition of his release that he should not enter a public park or reserve or other place where children were likely to congregate, unless he was under direct supervision at the time. Mr Robertson has denied this breach.
There is a real and ongoing risk that cannot sensibly be ignored, having regard to the nature and gravity of the likely offending. In my judgment, an extended supervision order should be made.
Mr Robertson was released from custody on 11 December 2013, notwithstanding that the statutory release date was 14 December 2013. The statutory conditions of release, and the conditions imposed by the Parole Board, run from the statutory release date, as opposed to his actual release date. Hence, the conditions imposed run through until 14 June 2014.
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