Jones v State of New South Wales

Jones appealed to the Court of Appeal of New South Wales against a continuing detention order made by the Supreme Court. The order was made pursuant to the *Crimes (High Risk Offenders) Act 2006* (NSW) on the basis that Jones posed an unacceptable risk of committing a serious offence involving child sexual abuse if released into the community.

The central legal issues before the Court of Appeal were whether the Supreme Court had erred in finding that Jones posed an unacceptable risk of committing a further serious offence, and whether the legislative amendments to the *Crimes (High Risk Offenders) Act 2006* (NSW) had altered the criterion of "unacceptable risk" such that it could be mitigated by supervision in the community. The Court also considered the tension between the statutory regime for continuing detention orders and the fundamental principle of personal liberty.

The Court of Appeal examined the psychological evidence presented, which indicated a significant risk of further paedophilic sexual offending by Jones if he were not detained. It was also noted that treatment conducive to rehabilitation could not be completed within the confines of custody. The Court interpreted the statutory provisions, including the effect of legislative amendments, and concluded that the criterion of "unacceptable risk" was not intended to be mitigated by the prospect of supervision in the community. The Court found that the legislative framework, while impacting personal liberty, was clear in its intention to detain offenders who posed such a risk.

The appeal was dismissed, and no order was made as to costs.