State of New South Wales v Jubb (Final)

The State of New South Wales sought an extended supervision order against Jubb, who had previously been convicted of serious sex offences and offences of a sexual nature, in the Supreme Court of New South Wales. The court was asked to determine if Jubb posed an unacceptable risk of committing another serious offence if not kept under supervision. The decision hinged on whether the statutory preconditions for the order were satisfied, and if the risk was established to a high degree of probability. Independent expert evidence was considered in reaching the conclusion.

The court considered whether the statutory criteria for imposing an extended supervision order were met, specifically whether Jubb had been convicted of a serious sex offence and was deemed to pose a significant risk of reoffending. The court also examined the independent expert evidence provided and weighed it against the defendant's history of reoffending, including further breaches of child protection orders after the preliminary hearing. The court's analysis focused on the probability of reoffending and the necessity of continued supervision to prevent future harm.

The court found that the statutory preconditions were satisfied and that it was satisfied to a high degree of probability that Jubb posed an unacceptable risk of committing another serious offence if not kept under supervision. The court imposed a three-year extended supervision order with specific conditions designed to mitigate the risk of reoffending. The order reflected a balance between the need to protect the community and the rights of the defendant, with the conditions aimed at facilitating Jubb's reintegration into society under strict supervision.

The final orders included a three-year extended supervision order with specified conditions, including requirements for regular reporting to a supervisor, restrictions on contact with minors, and participation in treatment programs. The court's decision was based on the balance between the risk posed by the defendant and the rights of the individual, with the conditions of the order intended to support the defendant's rehabilitation while ensuring public safety.