State of New South Wales v GJO [2020] NSWSC 968

State of New South Wales v GJO [2020] NSWSC 968

Because the defendant, in the absence of an ISO, would pose an unacceptable risk, and the statutory and factual requirements for an ISO under s 10A of the Crimes (High Risk Offenders) Act 2006 (NSW) were satisfied, the ISO was ordered. Further, suppression and non-publication orders were granted under s 10 of the Court Suppression and Non-publication Orders Act 2010 (NSW) to protect the identity of the defendant pending final determination.

Jurisdiction
Australia
Judgment Date
14 July 2020
Procedural Posture
Application for Interim Supervision Order (iso) and Suppression Orders Under Crimes (high Risk Offenders) Act 2006 (nsw) and Court Suppression and Non Publication Orders Act 2010 (nsw) / Preliminary/interlocutory, Ex Tempore Judgment on Interim Orders
Outcome
Interim Supervision Order made; Suppression and Non-publication Order made.
Legal Topics
['high Risk Offenders' 'interim Supervision Orders' 'suppression and Non Publication Orders' 'extended Supervision Orders']
['criminal Law' 'civil Procedure'] ['high Risk Offenders' 'interim Supervision Orders' 'suppression and Non Publication Orders' 'extended Supervision Orders']

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Procedural Posture

Application for Interim Supervision Order (iso) and Suppression Orders Under Crimes (high Risk Offenders) Act 2006 (nsw) and Court Suppression and Non Publication Orders Act 2010 (nsw) / Preliminary/interlocutory, Ex Tempore Judgment on Interim Orders

Legal Issues

  1. 1 ['Whether conditions for making an Interim Supervision Order (ISO) under s 10A of the Crimes (High Risk Offenders) Act 2006 (NSW) are satisfied' 'Whether grounds exist for suppression and non-publication under s 10 of the Court Suppression and Non-publication Orders Act 2010 (NSW)']

Ratio Decidendi

Because the defendant, in the absence of an ISO, would pose an unacceptable risk, and the statutory and factual requirements for an ISO under s 10A of the Crimes (High Risk Offenders) Act 2006 (NSW) were satisfied, the ISO was ordered. Further, suppression and non-publication orders were granted under s 10 of the Court Suppression and Non-publication Orders Act 2010 (NSW) to protect the identity of the defendant pending final determination.

Court Disposition

Interim Supervision Order made; Suppression and Non-publication Order made.

Orders

  • ['The plaintiff to file and serve short minutes of order to reflect the orders sought in prayers 1, 2 and 4 of the Amended Summons.' 'Pursuant to s 10 of The Court Suppression and Non-publication Orders Act 2010 (NSW), suppression and non-publication of the name and any information tending to reveal the identity,...