Regan Philip Burrell, 25, was released from prison in October 2024 and when his conditions lapsed in May the following year, a judge agreed he should be subject to an extended supervision order (ESO) for the ensuing three years.
Such orders are imposed on only the country’s highest risk sexual and violent criminals and allow Corrections to place them under scrutiny even when prison terms have expired.
Burrell challenged the imposition of the ESO, but the Court of Appeal, in a judgement released this week, said the evidence in favour of granting the order was ‘‘overwhelming’’.
In 2019, Burrell was jailed for three years 10 months after targeting girls as young as 12.
One only agreed to meet him after a campaign of blackmail, as Burrell threatened to distribute nude photos if she did not comply with his demands.
The defendant, who was a teen at the time, convinced another to meet him in a carpark where he locked her in the back of his vehicle and sexually assaulted her.
The court heard he threatened to kill her dogs if she told anyone about the incident.
While in prison, Burrell attacked another inmate with boiling water, later claiming the man was a ‘‘snitch’’.
It resulted in another two and a-half years being added to his jail sentence.
While Burrell had completed sex-offender treatment behind bars, the Parole Board in 2024 heard it had made little impact on him.
He had also been identified as a Black Power associate, the board heard.
When the challenge to the ESO came before the Court of Appeal this year, counsel Phillip Allan argued his client did not have the ‘‘intense drive’’ to commit further sex crimes or the lack of remorse required under the legislation for the order to be imposed.
But the stance was firmly rejected by Justices Ellis, Powell and Tahana, who agreed there was ‘‘strong justification’’ for Burrell to be kept under the gaze of Corrections for three years.
The judges pointed to two assessments completed by clinical psychologist Nick Lascelles, which put the defendant in the well-above-average risk range.
Mr Lascelles outlined the circumstances that might lead to further offending.
‘‘The most likely scenario would follow Mr Burrell experiencing rejection or fearing rejection when seeking to have sexual needs met by a woman of a similar age to himself.
‘‘This could lead to Mr Burrell turning to younger, more vulnerable and less threatening females as a ... source of gratification.
‘‘Rather than successfully addressing his past behaviour while in prison, Mr Burrell has failed to derive benefit from intervention or rejected it, has shown an ongoing pattern of limited empathy and insight, negative attitudes to women and prominent impulsivity.’’
The court heard Burrell continued to have a limited understanding of how to negotiate consent and struggled with managing his emotions.
‘‘Overall, we consider the evidence ... to be overwhelming, such that the imposition of an ESO on Mr Burrell was indeed the only course open,’’ the Court of Appeal said.
