State of New South Wales v Keir [2022] NSWSC 627

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Keir [2022] NSWSC 627 Hearing dates: 5 May 2022 Date of orders: 5 May 2022 Decision date: 05 May 2022 Jurisdiction: Common Law Before: Beech-Jones CJ at CL Decision: (1) Pursuant to section 7(4) of the Crimes (High Risk Offenders) Act 2006 ("the Act"): a. two qualified psychiatrists and/or registered psychologists (or any combination of two such persons) be appointed to conduct separate psychiatric and/or psychological examinations of the defendant and to furnish reports to the Supreme Court on the results of those examinations by a date to be fixed; and b. the defendant be directed to attend those examinations. (2) Pursuant to sections 10A and 10C of the Act, the defendant be subject to an Interim Supervision Order for a period of 28 days commencing 17 May 2022. (3) Pursuant to section 11 of the Act, the defendant be directed to comply with the conditions set out in the Schedule. (4) Access to the Supreme Court file in respect of any document shall not be granted to a non-party without the leave of a judge of the Court, and, if any application for access is made by a non-party in respect of any document, the parties are to be notified by the Registrar so as to allow them an opportunity to be heard in relation to the application for access. Catchwords: HIGH RISK OFFENDERS – interim supervision order – no question of principle Legislation Cited: Crimes (High Risk Offenders) Act 2006 Cases Cited: Lynn v State of NSW (2016) 91 NSWLR 636; [2016] NSWCA 57 State of NSW v Baldwin (2019) 102 NSWLR 447; [2019] NSWSC 1882 State of NSW v Keir [2020] NSWSC 83 State of NSW v Keir (Final) (2020) NSWSC 570 State of NSW v GJO (Final) [2020] NSWSC 1412 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Thomas Andrew Keir (Defendant) Representation: Counsel: A Mykkeltvedt (Plaintiff) A Cook (Defendant)