State of New South Wales v Kalaw (Final) [2023] NSWSC 131

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Kalaw (Final) [2023] NSWSC 131 Hearing dates: 12 December 2022 Date of orders: 16 December 2022 Decision date: 23 February 2023 Jurisdiction: Common Law Before: Ierace J Decision: Reasons published for orders made 16 December 2022: (1) Pursuant to ss 5B and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW) order that the defendant be subject to an extended supervision order ("the extended supervision order") for a period of 2 years from the date of this order; (2) Pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW), direct that the defendant, for the period of the extended supervision order, comply with the conditions set out in the attached Schedule; (3) Access to the Court's 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. Catchwords: HIGH RISK OFFENDER – final hearing – serious sex offender – application for extended supervision order ("ESO") – imposition of ESO not opposed – dispute limited to duration of ESO and conditions imposed – consideration of conditions for monitoring, drug/alcohol testing and search/seizure Legislation Cited: Crimes Act 1900 (NSW), ss 61J, 61K, 97 Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 4, 5, 5B, 5D, 5I, 6, 7, 9, 11 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Kerubee Bernabao Kalaw (Defendant) Representation: Counsel: K Curry (Plaintiff) J Lucy (Defendant)