State of New South Wales v JS (Preliminary) [2020] NSWSC 823

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v JS (Preliminary) [2020] NSWSC 823 Hearing dates: 11 June 2020 Date of orders: 29 June 2020 Decision date: 29 June 2020 Jurisdiction: Common Law Before: Wilson J Decision: 1 An order pursuant to s 7(4) of the Crimes (High Risk Offenders) Act: (a) Appointing one qualified psychiatrist and one registered psychologist, as agreed between the parties, to conduct separate psychiatric or psychological examinations (as the case requires) of the defendant and to furnish reports to the Supreme Court on the results of those examinations; and (b) Directing the defendant to attend those examinations. 2 An order: (a) Pursuant to s 10A of the Act, that the defendant be subject to an interim supervision order from 1 July 2020; (b) Pursuant to s 10C(1) of the Act, that the interim supervision order be for a period of 28 days unless renewed on further application by the plaintiff for another period of 28 days or the proceedings are finally determined; and (c) Pursuant to s 11 of the Act, directing that the defendant, for the period of the interim supervision order, comply with the conditions set out in the Schedule annexed to these reasons. 3 The parties are given liberty to approach the High Risk Offenders List Manager within 48 hours to ascertain a suitable date for hearing of application for final orders; 4 The parties are to provide a draft of Short Minutes of Order setting out a timetable for provision of expert reports to the Court, and for filing and service of evidence and submissions. 5 An order that access to the Supreme Court's file in respect of any document shall not be granted to a non-party without leave of a Judge of the Court, and, if any application for access is made by a non-party in respect of any document, the parties are to be notified by the Registrar so as to allow them an opportunity to be heard in relation to the application for access. Catchwords: HIGH RISK OFFENDER – application for preliminary orders – interim supervision order – orders for examination of defendant by expert – defendant convicted of serious sex offences – question as to whether the defendant poses an unacceptable risk to the community if not supervised Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) Child Protection (Offenders Registration) Act 2000 (NSW) Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: Kamm v State of New South Wales (Final) [2016] NSWSC 1 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 State of New South Wales v Golding (Preliminary) [2018] NSWSC 1041 State of NSW v Clarke [2019] NSWSC 411 Category: Principal judgment Parties: The State of New South Wales (Plaintiff) JS (Defendant) Representation: Counsel: G Wright (Plaintiff) S McGee (Defendant)