State of New South Wales v JC (No 3) [2017] NSWSC 1181

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v JC (No 3) [2017] NSWSC 1181 Hearing dates: 1 September 2017 Date of orders: 01 September 2017 Decision date: 05 September 2017 Jurisdiction: Common Law Before: Lonergan J Decision: (1) Pursuant to s 18A of the Crimes (High Risk Offenders) Act 2006, the Defendant be detained under an interim detention order from 1 September 2017 for a period of 5 days to Wednesday 6 September 2017 at 3:00 pm.

(2) Pursuant to s 20(1) of the Act, that the Court issue a warrant for the committal of the Defendant to a correctional centre for the duration of the interim order referred to in paragraph (1) above.

(3) I stand the plaintiff's notice of motion over to Tuesday 5 September 2017 at 10:00 am for further hearing before me.

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

(5) The defendant in these proceedings is not to be identified by name pursuant to the requirements and protections afforded to victims of various offences by virtue of s 15A(1)(c) of the Children (Criminal Proceedings) Act 1987 (NSW) and s 578A of the Crimes Act. Catchwords: HIGH RISK OFFENDER – serious sex offender – application for interim detention order

JURISDICTION – application for interim detention order – second application – first application refused Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) ss 3, 5, 5D, 5I, 13B, 14, 15, 17, 18A, 18C, 18CB, 19 Children (Criminal Proceedings) Act 1987 (NSW) s 15A Crimes Act 1900 (NSW) ss 66A, 578A Supreme Court Act 1970 (NSW) s 101 Cases Cited: State of New South Wales v JC (No 1) [2017] NSWSC 1126 Category: Principal judgment Parties: State of New South Wales (Plaintiff) JC (Defendant) Representation: Counsel: I Fraser (Plaintiff) A Cook & D O'Neill (Defendant)