This evening I received the advice of Crown Advocate Dr David Kell SC and Ms Joanna Davidson on the prospects of a successful appeal from yesterday’s decision by the Supreme Court to refuse my application for a 12 month Continuing Detention Order against Michael Anthony Guider.
Having considered that advice, I have reached the regretful conclusion that such an appeal would fail. This offender is one of the most despicable individuals to come before our justice system. Whatever disappointment I may feel at yesterday’s outcome is nothing compared with the distress and concern of his many victims and their families.
While the Supreme Court declined to a Continuing Detention Order, it upheld each and every one of the 56 stringent conditions of the Extended Supervision Order I sought in the alternative.
These conditions mean this offender does not ‘walk free’ in the same way law-abiding citizens walk free. From tomorrow and for at least the next five years, the offender will be monitored electronically 24/7. He will be told where to live, who he can see and where he can and cannot go; will have his internet usage monitored; and must abide by a night-time curfew.
The NSW Government has no higher priority than community safety. If the offender breaches these conditions in any way, the relevant authorities will immediately consider an application to return the offender to custody.
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