State of New South Wales v Kramer (Preliminary) [2023] NSWSC 870

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Kramer (Preliminary) [2023] NSWSC 870 Hearing dates: 17 and 19 July 2023 Date of orders: 19 July 2023 Decision date: 25 July 2023 Jurisdiction: Common Law Before: Wright J Decision: (1) Pursuant to s 15(4) of the Crimes (High Risk Offenders) Act 2006 (NSW) the Court orders: (a) Two qualified psychiatrists and/or registered psychologists (or any combination of two such persons) are 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 not later than 28 days from today's date or such later date as the Court determines; and (b) The defendant is directed to attend those examinations. (2) Pursuant to ss 18A and 18C of the Crimes (High Risk Offenders) Act the defendant is subject to an interim detention order for a period of 28 days from the expiration of his current term of imprisonment on 29 July 2023. (3) Pursuant to s 20(1) of the Crimes (High Risk Offenders) Act a warrant for the committal of the defendant to a correctional centre for the duration of the interim order referred to in preceding order 2 is to issue. Catchwords: HIGH RISK OFFENDER – preliminary hearing – application for interim detention or supervision orders and examination orders – serious violent offending – defendant's ongoing refusal to engage with assessment and application processes to obtain post release accommodation – consideration of risk assessment reports – consideration of risk management reports – examination order made - interim detention order imposed Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), ss 5B, 5C, 13B, 14, 15(4), 18A, 18C, 20(1), 17(4), 25 Crimes Act 1900 (NSW), s 33(1)(b) Cases Cited: State of New South Wales v Coe (Preliminary) [2023] NSWSC 644 State of New South Wales v Shields (Preliminary) [2022] NSWSC 469 Category: Principal judgment Parties: State of New South Wales (Plaintiff)