State of New South Wales v Jubb (Preliminary) [2024] NSWSC 780

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Jubb (Preliminary) [2024] NSWSC 780 Hearing dates: 20 June 2024 Date of orders: 27 June 2024 Decision date: 27 June 2024 Jurisdiction: Common Law Before: Wilson J Decision: Preliminary hearing order: Expert reports (1) An order pursuant to section 7(4) of the Crimes (High Risk Offenders) Act 2006 ("the Act"): (a) Appointing two qualified psychiatrists or registered psychologists (or any combination of such persons) as agreed between the parties to conduct separate 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. Interim relief (2) An order pursuant to s 10A of the Act, that the defendant be subject to an interim supervision order from 28 June 2024 ("the interim supervision order"); (3) An order pursuant to s 10C(1) of the Act, that the interim supervision order be for a period of 28 days; and (4) 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 the Schedule to this Judgment. Ancillary relief (5) 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. (6) The matter is listed before the High Risk Offender List Judge on 4 July 2024 to fix a date for the final hearing of this application, and set a timetable for the filing and service of evidence and submissions. Catchwords: HIGH RISK OFFENDER – high risk sex offender – application for extended supervision order – preliminary proceedings – concession as to statutory basis to make interim order without admissions as to final disposition of application – dispute confined to appropriateness of some conditions Legislation Cited: Child Protection (Offenders Prohibition Orders) Act 2004 (NSW) Child Protection (Offenders Registration) Act 2000 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Category: Principal judgment Parties: State of New South Wales (Plaintiff) Gavin Matthew Jubb (Defendant) Representation: Counsel: P Aitken (Plaintiff) A Hughes (Defendant)