State of New South Wales v Kaiser [2022] NSWSC 1041

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Kaiser [2022] NSWSC 1041 Hearing dates: 4 November 2022 Date of orders: 8 December 2022 Decision date: 08 December 2022 Jurisdiction: Common Law Before: Lonergan J Decision: (1) The Summons is dismissed. (2) The plaintiff is to pay the defendant's costs. Catchwords: HIGH RISK OFFENDER – final hearing – application for extended supervision order – whether unacceptable risk of committing another serious violence offence if not kept under supervision under the order – 2-year extended supervision order sought – 18 months of good behaviour on parole – Court not satisfied to a high degree of probability that defendant poses an unacceptable risk of committing a serious violence offence if not kept under supervision – summons dismissed Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Mental Health Act 2007 (NSW) Mental Health (Forensic Provisions Act) 1990 (NSW) Cases Cited: Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Kaiser v R [2009] NSWCCA 130 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 State of New South Wales v Chaplin [2019] NSWSC 471 State of New South Wales v Kaiser [2021] NSWSC 646 State of New South Wales v Kaiser [2022] NSWCA 86 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Brian Andrew Kaiser (Defendant) Representation: Counsel: C McGorey (Plaintiff) D Carroll (Defendant)