Jones v State of New South Wales [2020] NSWCA 202

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Jones v State of New South Wales [2020] NSWCA 202 Hearing dates: 24 August 2020 Date of orders: 2 September 2020 Decision date: 02 September 2020 Before: Basten JA at [1]; Payne JA at [34]; McCallum JA at [35] Decision: (1) Appeal dismissed. (2) No order as to costs. Catchwords: HIGH RISK OFFENDERS – continuing detention order – unacceptable risk of committing another serious offence – psychological evidence that appellant posed risk to community of further paedophilic sexual offences if not detained – evidence that treatment conducive to rehabilitation not able to be completed in custody – continuing detention order made for one year STATUTORY INTERPRETATION – effect of legislative amendments – criterion of unacceptable risk of committing another serious offence – whether risk can be mitigated by placing offender under supervision – construction of statutory regime inconsistent with personal liberty Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), ss 4, 4A, 5, 5C, 13B, 17, 22 Criminal Code (Cth), ss 474.22, 474.24A, 474.26, 474.27 Cases Cited: State of New South Wales v Donovan [2015] NSWCA 280 State of New South Wales v Donovan [2015] NSWSC 1254 State of New South Wales v Jones [2020] NSWSC 51 State of New South Wales v Russell (Final) [2020] NSWSC 396 Williams v The Queen (1986) 161 CLR 278; [1986] HCA 88 Category: Principal judgment Parties: Michael David Jones (Appellant) State of New South Wales (Respondent) Representation: Counsel: Mr K Averre (Appellant) Mr D Kell SC / Ms J Davidson (Respondent) Solicitors: Legal Aid NSW (Appellant) Crown Solicitor's Office (Respondent) File Number(s): 2020/159386 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Common Law Citation: [2020] NSWSC 461 Date of Decision: 29 April 2020 Before: Ierace J File Number(s): 2019/331867