A HIGH risk violent rapist who bashed and stabbed his former girlfriend with scissors is planning to move back to Grafton on release from jail.
Brian James Donovan's sentence expired in June after serving three years and five months for the attack.
He was kept in prison under an interim detention order, but an effort from the State of NSW to have a long-term detention order imposed has failed.
Donovan was born in Kempsey but grew up in Grafton. He intends return to his childhood hometown to live with his elderly mother when he is set free from jail.
He was drinking in a group at his mother's house when he attacked his former girlfriend in the kitchen in 2011.
He kicked her in the jaw, repeatedly punched her in the face and threatened to kill her before stabbing her twice in the chest with a pair of scissors.
She survived the attack.
Later Donovan could not remember the event because "he was affected by drink", the court heard.
During prison he was sanctioned for assault and intimidation, and was involved in at least two episodes of sexual misconduct during his custody.
He committed a number of offences while on remand and refused to take part in a court-ordered rehabilitation program.
His criminal history includes convictions for rape, sexual assault, drugs, domestic violence and grievous bodily harm.
NSW Supreme Court Justice Lucy McCallum agreed Donovan posed a high risk of re-offending.
However she ruled an extended supervision order allowing him to live in the community under strict monitoring would be just as effective as continued post-sentence detention.
She added drugs were readily available in prison and provided too much temptation for the long-term addict to rehabilitate.
"The two independent experts appointed by the court were jointly of the view that the custody-based treatment proposed by Corrective Services is unlikely to provide any better result than community-based rehabilitation," Justice McCallum said.
"If Mr Donovan slides back towards old ways, the supervision provided by the proposed extended supervision order will afford ample opportunity and occasion for appropriate reaction and intervention."
The details of the supervision order still need to be finalised, and may include a clause prohibiting Donovan from living outside Sydney metro.
Update your news preferences and get the latest news delivered to your inbox.