State of New South Wales v JC [2017] NSWSC 1126

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v JC [2017] NSWSC 1126 Hearing dates: 23 August 2017 Decision date: 24 August 2017 Jurisdiction: Common Law Before: Adamson J Decision: (1) Refuse the plaintiff's application for an interim detention order.

(2) Note that the extended supervision order made by Davies J on 8 September 2011 will become operative on the defendant's release on 28 August 2017, having been suspended since 29 August 2013 for the period of the defendant's imprisonment.

(3) Pursuant to s 15(4) of the Crimes (High Risk Offenders) Act 2006 order that:

(a) One qualified psychiatrist, as agreed between the parties, is to conduct a psychiatric examination of the defendant and to furnish a report to this Court on the results of that examination by 4 October 2017;

(b) One registered psychologist, as agreed between the parties, is to conduct psychometric testing of the defendant and to furnish a report to the Court on the results of that examination by 4 October 2017; and

(c) The defendant is to attend those examinations.

(4) Access is not to be granted to the Court file except with leave of a judge of this Court, and following prior notice to the parties to enable each of them to he heard in respect of any such application.

(5) Grant liberty to apply on three days' notice. Catchwords: CRIMES (HIGH RISK OFFENDERS) ACT 2006 – high risk sex offender – offence against s 66A of the Crimes Act 1900 (NSW) – series of further sexual offences committed while defendant a minor – interim detention order sought – release accommodation not yet identified for the defendant – HELD – experts appointed to assess defendant and report to Court – insufficient evidence that there is no suitable accommodation available for defendant post-release – interim detention order refused – existing extended supervision order adequate to manage risks posed by the defendant to the community Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), s 15A Crimes (High Risk Offenders) Act 2006 (NSW), ss 5, 5B, 5D, 5I, 9, 10, 13B, 14, 15, 17, 18A Crimes Act 1900 (NSW), ss 66A, 578A Cases Cited: Bugmy v State of New South Wales [2017] NSWCA 25 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 State of New South Wales v Bugmy (No 2) [2016] NSWSC 1432 Category: Principal judgment Parties: State of New South Wales (Plaintiff) JC (Defendant) Representation: Counsel: C McGorey (Plaintiff) A Cook (Defendant)