State of New South Wales v JS (Final) [2020] NSWSC 28

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v JS (Final) [2020] NSWSC 28 Hearing dates: 2 and 14 September 2020; written submissions 16 September 2020 Date of orders: 21 September 2020 Decision date: 25 September 2020 Jurisdiction: Common Law Before: Lonergan J Decision: (1) Order pursuant to ss 5B and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW) that JS be subject to an extended supervision order for a period of three years. (2) Order pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW) that JS, for the period of the ESO, comply with the conditions set out in Annexure A to this judgment. Catchwords: HIGH RISK OFFENDER – application for final orders – extended supervision order – defendant convicted of serious sexual offences against children – question as to whether the defendant poses an unacceptable risk of committing further sexual offences if not supervised – appropriateness of proposed conditions of supervision Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Child Protection (Offenders Registration) Act 2000 (NSW) Cases Cited: State of NSW v JS (Preliminary) [2020] NSWSC 823 State of New South Wales v Cheney [2020] NSWSC 1231 Category: Principal judgment Parties: The State of New South Wales (Plaintiff) JS (Defendant) Representation: Counsel: Z Heger (Plaintiff) S McGee (Defendant)

Solicitors: Crown Solicitors Office (NSW) (Plaintiff) Legal Aid NSW (Defendant) File Number(s): 2020/00152776 Publication restriction: (1) There is to be no publication of the name of the defendant, or of any material which might tend to identify him, including but not limited to a photograph, film or video recording. (2) The defendant is to be referred to in connection with these proceedings, including in any published Court list, by the pseudonym "JS". (3) Orders (1) and (2) are to apply throughout the Commonwealth of Australia. (4) The witness XXXX is to be referred to in connection with these proceedings by the pseudonym "SS". This order is to apply throughout the Commonwealth of Australia.