State of New South Wales v Jubb (Final)

Case

[2024] NSWSC 1391

04 November 2024


Details
AGLC Case Decision Date
State of New South Wales v Jubb (Final) [2024] NSWSC 1391 [2024] NSWSC 1391 04 November 2024

CaseChat Overview and Summary

The matter between the State of New South Wales and the defendant, Jubb, was before the Supreme Court of New South Wales. The State applied for an extended supervision order against Jubb, seeking to extend the period of his supervision under the Dangerous Persons (Sexual Offenders) Supervision Act 2009 (NSW). The application was made on the basis that Jubb posed an unacceptable risk of committing a serious offence due to his history of sexual offending.

The court had to determine whether there was an unacceptable risk that Jubb would commit a serious offence. In considering this, the court examined Jubb's criminal history, the nature of his previous offences, and expert evidence about his risk of reoffending. The court also considered the principles of proportionality and the need to protect the community while balancing the rights of the individual.

The court found that Jubb's history of sexual offending, including his inability to refrain from reoffending despite previous sentences and supervision orders, demonstrated an unacceptable risk that he would commit a serious offence. The expert evidence supported this finding, indicating that Jubb's risk of reoffending was high and that he required ongoing supervision to protect the community. The court made an extended supervision order for a period of five years, considering it necessary to mitigate the risk Jubb posed.

The court ordered that Jubb be subject to an extended supervision order for a period of five years, with conditions that he must comply with, including regular reporting to a supervising officer, refraining from contact with certain individuals, and participating in specified programs.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • High Risk Offender

  • Extended Supervision Order

  • Unacceptable Risk

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