State of New South Wales v Kramer (Final) [2023] NSWSC 1373

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Kramer (Final) [2023] NSWSC 1373 Hearing dates: 22 September, 13 and14 November 2023 Date of orders: 14 November 2023 Decision date: 14 November 2023 Jurisdiction: Common Law Before: Schmidt AJ Decision: (1) I order pursuant to ss 5B and 9(1)(a) of the Act that the defendant be subject to an extended supervision order for a period of 3 years. (2) I direct pursuant to s 11 of the Act that the defendant, for the period of the extended supervision order, comply with the conditions attached to this judgment. Catchwords: HIGH RISK OFFENDERS — Extended supervision orders — whether unacceptable risk of committing a serious violence offence exists — where defendant has history of violent offending — risk assessment reports — high degree of risk of further violent offending agreed by experts — whether orders seek to impermissibly control rather than supervise — extended supervision orders made Legislation Cited: Crimes Act 1900 (NSW), ss 4, 5A, 33, 35 Crimes (High Risk Offenders) Act 2006 (NSW), ss 4, 5A, 5B, 5I, 6, 9, 10A, 18A, 18C, 25 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 State of New South Wales v Kramer (Preliminary) [2023] NSWSC 870 TSL v Secretary to the Department of Justice (2006) 14 VR 109; [2006] VSCA 199 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Karl Kramer (Defendant) Representation: Counsel: H El-Hage and M Dalla-Pozza (Plaintiff)