State of New South Wales v GJO (Preliminary) [2024] NSWSC 688

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v GJO (Preliminary) [2024] NSWSC 688 Hearing dates: 31 May 2024 Date of orders: 6 June 2024 Decision date: 06 June 2024 Jurisdiction: Common Law Before: Campbell J Decision: (1) Under s 7(4) Crimes (High Risk Offenders Act) 2006 (NSW), two qualified psychiatrists or psychologists (or any combination of such persons) are appointed to conduct separate examinations of the defendant and to furnish reports to the Supreme Court of the results of those examinations within 14 days of the date of the examination. (2) Direct the defendant to attend the expert examinations appointed. (3) Under s 10A of the said Act, subject to renewal under s 10C(2), the defendant is subject to an interim supervision order commencing for a period of 28 days from 7 June 2024 upon the expiration of the extended supervision order imposed by Beech-Jones J made on 9 October 2020. (4) Under s 11 of the said Act, direct the defendant to comply with the conditions set out in Schedule A to the summons filed on 5 April 2024 for the duration of Order 3 and any renewal thereof. Catchwords: HIGH RISK OFFENDERS – interim supervision orders – unacceptable risk of committing a serious offence – relevance of conditions to risk – serial rapist – third application for an extended supervision order – further offending while on second extended supervision order of this court – orders granted HIGH RISK OFFENDERS – extended supervision orders – preliminary hearing – appointment of psychiatrists or psychologists – test for interim supervision order Legislation Cited: Courts Suppression and Non-publication Orders Act 2010 (NSW), s 10 Crimes (Administration of Sentences) Act 1999 (NSW), s 160A Crimes (High Risk Offenders) Act 2006 (NSW), ss 5, 5B, 5H, 6, 9, 9D, 7, 10A, 10C Crimes (Sentencing Procedure) Act 1999 (NSW), s 9 Crimes Act 1900 (NSW), ss 61J, 61K, 494 Cases Cited: R v [GJO] [2000] NSWSC 716 Regina v [GJO] [2002] NSWCCA 286 State of New South Wales v GJO (Final) [2020] NSWSC 1412 State of New South Wales v [GJO] [2017] NSWSC 254 State of New South Wales v [GJO] [2018] NSWSC 1235 Category: Procedural rulings Parties: State of New South Wales (Plaintiff) GJO (Defendant) Representation: Counsel: D New (Plaintiff) Self-represented (Defendant)