State of New South Wales v JC (Preliminary) [2023] NSWSC 31

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v JC (Preliminary) [2023] NSWSC 31 Hearing dates: 31 January 2023 Date of orders: 2 February 2023 Decision date: 02 February 2023 Jurisdiction: Common Law Before: Chen J Decision: (1) An order pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 (NSW) ('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 and to furnish reports to the Supreme Court on the results of those examinations by a date to be fixed by the Court; and (b) Directing the defendant to attend those examinations. (2) An order: (a) 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 14 February 2023; and (b) Pursuant to s 11 of the Act, directing that the defendant, for the period of the interim supervision order, comply with the conditions as set out in the Schedule to the Amended Summons filed 31 January 2023. Catchwords: HIGH RISK OFFENDERS — Interim detention orders — Application — serious sexual offending — whether risk mitigated by imposition of interim supervision order — where interim supervision order made Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Crimes Act 1900 (NSW) Cases Cited: Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Kamm v State of New South Wales (No 4) (2017) 95 NSWLR 179; [2017] NSWCA 189 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 State of New South Wales v BG (Preliminary) [2022] NSWSC 1065 State of New South Wales v Chaplin [2019] NSWSC 471 State of New South Wales v Davis (Preliminary) [2021] NSWSC 53 State of New South Wales v Devaney (Preliminary) [2021] NSWSC 1432 State of New South Wales v Dickson (Preliminary) [2019] NSWSC 1116 State of New South Wales v Donovan [2015] NSWCA 280 State of New South Wales v Golding (Preliminary) [2018] NSWSC 1041 State of New South Wales v Ibrahim (Final) [2021] NSWSC 793 State of New South Wales v JC [2017] NSWSC 1634 State of New South Wales v Kaiser [2022] NSWCA 86 State of New South Wales v Kamm (Final) [2016] NSWSC 1 State of New South Wales v Shields (Preliminary) [2022] NSWSC 469 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 State of New South Wales v Sturgeon [2019] NSWSC 559 State of New South Wales v Wilkinson (Preliminary) [2020] NSWSC 1813 Tannous v State of New South Wales (2020) 103 NSWLR 183; [2020] NSWCA 261 Wilde v State of New South Wales [2015] NSWCA 28 Category: Principal judgment Parties: State of New South Wales (Plaintiff) JC (Defendant) Representation: Counsel: Mr A Mykkeltvedt (Plaintiff) Mr J Wilcox (Defendant)