//
© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the Federal Register of Legislation for authoritative text.
[2006] VSC 212
Supreme Court of Victoria
2006-05-29
GILLARD J
Original judgment source is linked above.
Extended Supervision Order - Serious Sex Offenders Monitoring Act 2005.
1 This is an application by the Secretary to the Department of Justice seeking an extended supervision order pursuant to the Serious Sex Offenders Monitoring Act 2005 ("the Act"). The respondent is Robin Angus Fletcher who pleaded guilty to three counts of wilfully committing an indecent act with a child under the age of 16 years, one count of sexual penetration with a person between 10 and 16 years, one count of child prostitution and one count of attempting to pervert the course of public justice, and was sentenced by Harper J in this Court on 4 March 1998 to a total of ten years' imprisonment. His Honour directed that he serve eight years before being eligible for parole.
2 He was not granted parole at the end of eight years and apparently a decision was made this year to grant parole, but was revoked within a matter of weeks because a number of letters that Mr Fletcher had written to people residing in Ghana in West Africa contained matters of concern to the authorities. He is to be released on 12 June 2006 at the end of the period of imprisonment.
3 The Secretary of the Department is authorised by reason of s.5 to the Act to seek an order for extended supervision in respect of an offender who is an eligible offender. By reason of the custodial sentence imposed upon Mr Fletcher in respect of a relevant offence, which is defined as being the offences set out in the schedule to the Act, he is an eligible offender.
4 Before the Court may make an order for extended supervision, the Court must be satisfied "to a high degree of probability that the offender is likely to commit a relevant offence if released in the community on completion of the service of any custodial sentence" - see s.11(1). The Secretary has the onus of proving the existence of that likelihood - see s.11(2).
5 By reason of s.6 of the Act the application made by the Secretary must be accompanied by at least one assessment report. The Forensic Psychologist and Manager of the Sex Offenders Programs in Corrections Victoria, Ms Karen Owen, made a report which is the assessment report for the purposes of the Act. It is dated 27 February 2006. It is a long, detailed and carefully prepared report. Ms Owen opines the following:
"Mr Fletcher maintains that his sexual offending occurred as a result of his religious practice. As Mr Fletcher continues to firmly hold his religious beliefs and asserts that he is unable to cease Wiccam practice, I concur with Professor Mullen's view that it is difficult to avoid the conclusion that he is at risk of re-offending. In my opinion, it is a high risk."
6 In addition, the Secretary filed and relied upon two other reports. This is authorised by s.11(3)(b). The first report was that of Professor Mullen, Professor of Forensic Psychiatry at Monash University, received by Corrections Victoria on 20 January 2006. The second report was that of Professor James Ogloff, Professor of Clinical Forensic Psychology at Monash University dated 31 March 2006. The Court has closely considered the contents of those reports.
7 The respondent's solicitors obtained a report from Dr Danny Sullivan, Consultant Forensic Psychiatrist. He opined that Mr Fletcher was "at moderate risk of future offending".
8 In addition to the reports that were before the Court, there was an affidavit of the solicitor, Ruth Goonan, on behalf of the Secretary, which exhibits much material relating to Mr Fletcher. The Court has considered some of the material.
9 The starting point is the reasons for judgment of Harper J delivered on 4 March 1998. In addition, there is a statement of Mr Ian Martin Webb, Senior Prison Officer at Ararat Prison. Part of his duties includes monitoring prisoners' mail, both incoming and outgoing. The evidence reveals that Mr Fletcher has regularly received mail from overseas, particularly Ghana in West Africa. He has also written to a number of people in Ghana. In December last year some six bundles of correspondence were seized by Mr Webb. Apparently, Mr Fletcher was proposing to send the correspondence to persons in Ghana. Some of the contents are disturbing. They indicate that Mr Fletcher advocates activities which, if they occurred in this State, would be crimes and, on any view, amount to improper and unacceptable conduct.
10 The material does clearly raise concerns about Mr Fletcher's future conduct. He is represented by experienced solicitors and counsel in the present proceeding and he has agreed that an extended supervision order should be made against him for a limited period. I must say on material that I have seen the concession made was appropriate in all the circumstances.
11 The period of an extended supervision order may be up to 15 years and the parties have agreed, subject of course to the Court's views, that the appropriate period should be five years. The Act provides for a review of an extended supervision order and the parties have agreed that the provisions of s.21(1) should apply.
12 I raised with counsel the question whether review ought not to be earlier than three years. However, it has been pointed out that the Secretary does have power under s.21(2) to apply to the Court for a review at any time and, secondly, by reason of s.21(3), Mr Fletcher, with the leave of the Court, may apply to the Court at any time for it to undertake a review of the order.
13 On the material before the Court, the Court is satisfied to a high degree of probability that the offender is likely to commit a relevant offence if released into the community. Accordingly, the Court is prepared to make an extended supervision order for a period of five years subject to the usual conditions prescribed by the Act.
14 One matter that is central to any application under this Act is the question of what the future may hold. The Court carefully considers the past, and in particular the offender's period in gaol, with particular reference to any rehabilitation. This may provide evidence as to what the future may hold, but the Court does not have the benefit of any evidence of a situation where the offender is not subject to close monitoring and supervision that takes place in the gaol.
15 The next three years will provide some evidence of Mr Fletcher's attitude and approach in the community, subject to monitoring. The Court should proceed in a case such as the present with caution. Mr Fletcher's behaviour leading to his conviction and sentence is a matter of concern and his attitude in gaol and the writing of letters to people in Ghana show a man who believes that the offending behaviour in the past was permitted by his religious views, and that the unusual and improper practices that he preaches to the addressees in Ghana are also accepted by his religion. Time will tell whether he learns that that type of conduct is not acceptable in this State. His conduct in the community will be monitored under this extended supervision order.
16 In the circumstances, I am prepared to make the orders agreed to by the lawyers representing the parties.
17 I make the following declarations and orders:
1. This Court is satisfied to a high degree of probability that Robin Angus Fletcher is likely to commit a relevant offence within the meaning of the Serious Sex Offenders Monitoring Act 2005 if released into the community without being made subject to an extended supervision order.
2. An extended supervision order is made in respect of Robin Angus Fletcher.
3. Pursuant to s.15 of the Serious Sex Offenders Monitoring Act 2005, the following conditions apply in respect of the extended supervision order:
(a) Robin Angus Fletcher must not commit, whether in or outside Victoria, another relevant offence or an offence that, if committed in Victoria, would be a relevant offence;
(b) Robin Angus Fletcher must attend at any place as directed by the Secretary to the Department of Justice ("the Secretary") or the Adult Parole Board for the purpose of supervision, assessment or monitoring;
(c) Robin Angus Fletcher must report to, and receive visits from, the Secretary or any person nominated by the Secretary for the purposes of s.15(3)(c) of the Serious Sex Offenders Monitoring Act 2005;
(d) Robin Angus Fletcher must notify the Secretary of any change of name or employment at least two clear working days before the change;
(e) Robin Angus Fletcher must not move to a new address without the prior written consent of the Secretary;
(f) Robin Angus Fletcher must not leave Victoria except with the permission of the Secretary granted either generally or in relation to the particular case;
(g) Robin Angus Fletcher must obey all lawful instructions and directions of the Secretary given under s.16(1) of the Serious Sex Offenders Monitoring Act 2005;
(h) Robin Angus Fletcher must obey all lawful instructions and directions of the Adult Parole Board given under s.16(2) of the Serious Sex Offenders Monitoring Act 2005.
18 This order of course is made this day, 29 May 2006. It is to commence on 12 June 2006. The period for which the order remains in force is five years. The latest date by which the first review of this order under Division 3 Part II of the Act must be undertaken is 11 June 2009.
19 Do you have another copy which I can sign, Mr Grace?
20 MR GRACE: Yes, Your Honour.
21 HIS HONOUR: Perhaps if you have got a couple. I will sign three of them and that will be enough.
22 Mr Marshall, there is one matter you might like to raise with your client. I note that he is partway through doing a law course. The first condition says, "He must not commit, whether in or outside Victoria, another relevant offence or an offence that if committed in Victoria would be a relevant offence". He must give thought to writing letters to people overseas advocating certain practices which may be an offence in other places in the world. He ought to bear that in mind.
23 MR MARSHALL: Certainly, Your Honour.
---
Secretary, Department of Justice
Fletcher [2006] VSC 212