Stoker v Scenay [2019] NZFC 444

Published 28 July 2021

Application for extension of compulsory care order — ongoing need for therapy — sexual recidivism — community protection — liberty — Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003. This hearing was to determine whether a compulsory care order should be extended for 12 months. The person in respect of whom the application was made had been put into compulsory care after sexually offending against a woman in 2015. Medical professionals considered the person needed further treatment as he was only about a third of the way through the SAFE program and had ongoing drug and alcohol issues. It was also submitted that if he were to return home his family would not encourage him to participate in the therapy that he needed in order to fully rehabilitate. The Judge found that although the person had made progress, the balance of community protection outweighed his right to liberty. If he were to return home at that point he would not receive the appropriate support and therapy needed in order to ensure he would not re-offend. Both the person and the community would be at risk. The compulsory care order was extended for 12 months. Judgment Date: 23 January 2019. * * * Note: names have been changed to comply with legal requirements. * * *