State of New South Wales v JS (Final) [2023] NSWSC 563

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v JS (Final) [2023] NSWSC 563 Hearing dates: 4 May 2023 Decision date: 31 May 2023 Jurisdiction: Common Law Before: Ierace J Decision: (1) The amended summons is dismissed. (2) Access to the 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. Catchwords: HIGH RISK OFFENDER – Final hearing – Serious sex offender – Application for extended supervision order – Whether defendant poses unacceptable risk of committing another serious offence unless kept under supervision – Where no serious sexual offending in the 18 years since index offences – Where offender subject to continuing obligations and restrictions under child protection legislation Legislation Cited: Child Protection (Offenders Prohibition Orders) Act 2004 (NSW), s 5 Child Protection (Offenders Registration) Act 2000 (NSW), s 9(1)(M) Crimes Act 1900 (NSW), s 578A, Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 5B, 5D, 5E, 6, 7, 9, 10C, 11 Crimes (Sentencing Procedure) Act 1999 (NSW), s 9 Cases Cited: Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 State of New South Wales v Rigby (Final) [2021] NSWSC 472 Category: Principal judgment Parties: State of New South Wales (Plaintiff) JS (Defendant) Representation: Counsel: D New (Plaintiff) G Lewer (Defendant)