State of New South Wales v JS [2023] NSWSC 114

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v JS [2023] NSWSC 114 Hearing dates: 6 February 2023 Decision date: 21 February 2023 Jurisdiction: Common Law Before: Wilson J Decision: (1) An order pursuant to s 7(4) of the CHRO Act: (a) appointing two qualified psychiatrists and/or registered psychologists (or any combination of two such persons) as agreed between the parties or, in the absence of agreement, as directed by the Court, 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 12 April 2023; and (b) directing the defendant to attend those examinations. (2) An order pursuant to s 10A of the CHRO Act, that the defendant be subject to an interim supervision order commencing from 12:01am on 22 February 2023 for a period of 28 days from that date. (3) An order pursuant to s 11 of the CHRO directing that the defendant, for the period of the interim supervision order, comply with the conditions set out in the Schedule to these Orders. (4) 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 of access. (5) The matter is listed before the High Risk Offenders List Judge for directions 2 March 2023. 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 – substantial gap in time between initial serious offences and application – defendant in compliance with parole in recent months Legislation Cited: Child Protection (Offender's Registration) Act 2000 (NSW) Crimes Act 1900 (ACT) Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: Attorney-General (NSW) v Tillman [2007] NSWCA 119 Attorney-General (NSW) v Tillman [2007] NSWSC 605 Category: Principal judgment Parties: State of New South Wales (Plaintiff) JS (Defendant) Representation: Counsel: P Aitken (Plaintiff) A Cook (Defendant)