State of New South Wales v JC (No 2)

The matter before the court involved the State of New South Wales seeking an emergency detention order for JC, a high-risk sex offender, under the Crimes (High Risk Offenders) Act 2006. JC had previously committed a series of sexual offences while being a minor. The State sought the order after an interim detention order was refused due to insufficient evidence that there was no suitable accommodation available for JC post-release. The court was required to determine if there had been altered circumstances warranting the emergency detention order, and whether JC was subject to an extended supervision order while in custody serving a sentence.

The court examined whether the passage of time and the apparent exhaustion of avenues for suitable accommodation constituted altered circumstances. It considered the risk JC posed to the public and whether the protection of the public was a principal purpose of the legislation. The court held that the possibility of JC being homeless upon release was a significant factor. It concluded that suitable accommodation was necessary to ensure adequate supervision of JC under an extended supervision order, and that the emergency detention order was warranted to prevent JC from posing an imminent risk of committing a serious offence.

The court granted an emergency detention order for a period of 96 hours, allowing for further investigation into suitable accommodation options. Additionally, the court clarified that a person could be subject to an existing supervision order while in custody, even if their obligations under that order were suspended by their custodial sentence. This distinction was important to understand the implications of JC's current situation and the applicability of the extended supervision order.