State of New South Wales v JC (No 2) [2017] NSWSC 1139

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v JC (No 2) [2017] NSWSC 1139 Hearing dates: 28 August 2017 Decision date: 28 August 2017 Jurisdiction: Common Law Before: Adamson J Decision: 1. Order pursuant to s 18CB of the Crimes (High Risk Offenders) Act 2006 (NSW) that the defendant be subject to an emergency detention order from 3.05 pm for a period of 96 hours expiring Friday 1 September 2017 at 3.05 pm.

2. Make an order pursuant to s 20(1) of the Crimes (High Risk Offenders) Act 2006 (NSW) that the Court issue a warrant for the committal of the defendant to a correctional centre for the duration of the emergency detention order referred to in Order 1 above.

3. Make an order pursuant to s 77 of the Crimes (Administration of Sentences) Act 1999 (NSW) that the offender be available via AVL at 9.00 am on Friday 1 September 2017 before me or another Judge allocated to hear the matter.

4. Stand the matter over to 9 am on Friday 1 September 2017 for the hearing of any further application, or for directions, as the case may be. 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 – where interim detention order previously refused due to insufficient evidence that there is no suitable accommodation available for defendant post-release –emergency detention order sought – whether there are "altered circumstances" – HELD – where there has been passage of time and further avenues for suitable accommodation appear to have been exhausted this does constitute "altered circumstances" – possibility of defendant being homeless on release a consideration – protection of public is a principal purpose of the legislation – adequate supervision of defendant only possible under extended supervision order if there is suitable accommodation for the defendant – where there is a need to ensure that the defendant does not pose an imminent risk of committing a serious offence –emergency detention order granted for a period of 96 hours