An ‘extended supervision order’ was sought on the basis of a ‘serious violence offence’ – discharging a firearm with intent to cause grievous bodily harm. The SVO definition in turn referred to ‘engaging in conduct that causes the death of another person or grievous bodily harm to another person …’14
Kirk JA made the order sought despite no actual grievous bodily harm having resulted from H’s conduct. Something more than a review of offence elements was required, held the judge (at [47]), and an assessment of legal substance was called for. In this regard, the statute had to be read as a whole ‘as a combined statement of the will of the legislature’15.
This principle is from Episode 119 of interpretation NOW!
Footnotes:
14 s 5A(1) of the Crimes (High Risk Offenders) Act 2006 (NSW).
15 [36], Plaintiff S297 [2014] HCA 24 [25], Law Society [2024] NSWCA 90 [41].