State of New South Wales v Jones (Preliminary) [2021] NSWSC 378

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Jones (Preliminary) [2021] NSWSC 378 Hearing dates: 13 April 2021 Date of orders: 16 April 2021 Decision date: 16 April 2021 Jurisdiction: Common Law Before: Hamill J Decision: The Court makes the following orders: (1) An order pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 ("the Act"): (a) Appointing two qualified psychiatrists and/or registered psychologists (or any combination of two such persons) to conduct separate psychiatric and/or psychological examinations of the defendant, as the case may be, and to furnish reports to the Court on the results of those examinations by a date to be fixed by the Court; (b) Directing the defendant to attend those examinations. (c) The parties are to agree on the identity of the experts by 5.00pm on Monday, 19 April 2021. (2) An order pursuant to ss 10A and 10C of the Act that the defendant be subject to an interim supervision order for a period of 28 days from midnight, 28 April 2021, being the date upon which the defendant is to be released under the current detention order. (3) An order 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 Schedule A to this judgment. (4) An order that access to the Supreme Court's file in respect of any document shall not be granted to a non-party without the 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. (5) Releasing the submissions of the parties, as redacted by agreement, in accordance with the media's request. Catchwords: CRIMINAL LAW – serious sex offender – preliminary hearing – whether an interim supervision order or interim detention order should be made – conditions proposed to mitigate risk Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: Attorney General for New South Wales v Tillman [2007] NSWCA 119 Jones v State of New South Wales [2020] NSWCA 202 State of New South Wales v Jones [2018] NSWSC 459 State of New South Wales v Jones (Final) [2020] NSWSC 461 Category: Procedural rulings Parties: State of New South Wales (Plaintiff) Michael David Jones (Defendant) Representation: Counsel: D New (Plaintiff) A Hughes (Defendant)