A repeat sex offender has agreed he poses an unacceptable risk to the community in accepting an extended supervision order be imposed by NSW.
Stephen Davis, 48, did however oppose the nominated duration of five years and Justice Stephen Rothman determined the ESO be three years and nine months.
This allows for adequate time for assessment and could likely be extended if warranted, Justice Rothman said in his NSW Supreme Court judgment on Thursday.
"The Court is comforted by the agreement that the defendant himself acknowledges that he poses an unacceptable risk," he said.
Davis is on parole and serving an interim supervision order after his second conviction for possessing children's toys and paraphernalia at his Campbelltown home.
In June 2019 he was found with a large number of these children's items as well as child abuse material.
His recurring offending dates back to 1992 when he was jailed for at least five years for attacking a woman on a two-hectare western Sydney property where she lived alone.
"He smashed the door of the victim's house in, threatened to kill her, and then sexually assaulted her," according to court documents.
Months later he sexually assaulted a teacher at 7am at a St Marys school after threatening her with a knife.
A few months after his release from prison in 2007 while on parole he forced a woman off a street in Darlinghurst into a courtyard, where he choked, sexually assaulted and threatened to kill her.
Forensic psychiatrist Anthony Samuels said Davis "seemed to think he had not done anything wrong".
Dr Samuels diagnosed Davis with an underlying psychotic illness, most likely schizophrenia with associated depression, cognitive problems, sexual deviance associated with violent opportunistic rape and more recently with paraphilic interests, among other conditions.
Davis remained "at high risk of sexual offending" and this level of risk had increased since 2008 when he last observed him, Dr Samuels said.
The doctor recommended close monitoring of his mental state, ensuring compliance with medications, limiting access to drugs and alcohol, and making sure he had no access to child and adult victims.
In resisting the longer duration of the order Davis raised it had been 20 years since he committed a "serious sexual offence," which the judge agreed was significant.
Justice Rothman said a further three years and nine months under supervision was adequate to assess whether its continuation was necessary.
"I consider it is likely that the defendant may need a further ESO, after the conclusion of this one. But that will very much depend on an assessment in the future."
Many of the strict ESO conditions are yet to be determined but will include Davis notifying authorities about his weekly plans and any changes that arise.
Australian Associated Press
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