State of New South Wales v Keir (Final) [2022] NSWSC 1084

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Keir (Final) [2022] NSWSC 1084 Hearing dates: 8 August 2022 Date of orders: 15 August 2022 Decision date: 15 August 2022 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) The summons is dismissed. (2) The plaintiff to pay the defendant's costs. Catchwords: HIGH RISK OFFENDERS — Extended supervision orders — Unacceptable risk of committing a serious offence — Determination of risk Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 R v Keir [2004] NSWSC 1194 R v Keir [2004] NSWSC 964 State of New South Wales v Reginald Collingwood (a pseudonym) [2021] NSWSC 1365 State of New South Wales v Sleeman (Preliminary) [2018] NSWSC 562 State of NSW v Keir (Final) [2020] NSWSC 570 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Thomas Andrew Keir (Defendant) Representation: Counsel: A Mykkeltvedt (Plaintiff) B Bickford (Defendant)

Solicitors: Crown Solicitor's Office (NSW) (Plaintiff) Legal Aid NSW (Defendant) File Number(s): 2022/90846 Publication restriction: None

Judgment 1. By way of an amended summons which I granted leave to the plaintiff to file on 8 August 2022, the plaintiff, the State of New South Wales (the State), seeks orders against the defendant, Thomas Andrew Keir, pursuant to the Crimes (High Risk Offenders) Act 2006 (NSW) (the Act). 2. There was a preliminary hearing before Beech-Jones CJ at CL on 5 May 2022. On that day, his Honour made orders that the defendant be subject to an Interim Supervision Order (ISO) for a period of 28 days commencing 17 May 2022 and that the defendant be examined by two qualified psychiatrists and/or registered psychologists. 3. Thereafter, the ISO was renewed on two occasions, the last occasion being for a period of 28 days commencing on 12 July 2022. 4. In accordance with the orders of Beech-Jones CJ at CL, the defendant has been examined by Dr Michael Davis, a consultant forensic clinical psychologist, who prepared a report dated 8 July 2022, and Dr Yolisha Singh, a child adolescent and adult forensic psychiatrist, who prepared a report dated 27 June 2022. 5. This is the judgment in respect of the final hearing. The State seeks orders that the defendant be subject to a further Extended Supervision Order (ESO) for a period of two years. 6. The State relied on three volumes of material in support of its application. The material included: 1. Records relating to the defendant's criminal history and time in custody; 2. Risk management reports; 3. Documentation relied on in respect of the earlier orders made for an ESO; 4. An affidavit from Kelli Grabham, who is employed by Corrective Services NSW as a High Risk Offender Applications and Operational Governance Officer; and 5. Expert medical evidence recently obtained. 1. The defendant did not adduce any evidence, other than two pages of Offender Integrated Management System (OIMS) case notes. 2. The defendant has previously been subject to an ESO for a period of two years commencing on 18 May 2020. [1] 3. At the time of the application for the original ESO, the defendant did not oppose the order that he be subject to an ESO or most of the conditions. 4. On this application, the defendant opposes the imposition of any further ESO and a number of the conditions. 5. The defendant's position is that he has been wrongly imprisoned for a lengthy period of time for something he did not do. He has served his time in custody and has complied with all conditions imposed upon him, whether in custody or in the community under supervision. 6. The defendant submits that there is no need for any further ESO and he does not pose an unacceptable risk.