State of New South Wales v Kennedy (Final) [2023] NSWSC 1441

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Kennedy (Final) [2023] NSWSC 1441 Hearing dates: 23 November 2023 Date of orders: 27 November 2023 Decision date: 27 November 2023 Jurisdiction: Common Law Before: Wilson J Decision: (1) Pursuant to ss 5B and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW) the defendant, Walker Kennedy, is subject to an extended supervision order for a period of three (3) years from the date of the order; (2) Pursuant to s 11 of the Act, direct that the defendant, for the period of the extended supervision order, comply with the conditions set out in the Schedule to these Orders; and (3) Access to the Supreme 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 by the Registrar so as to allow them an opportunity to be heard in relation to the application for access. Catchwords: HIGH RISK OFFENDER – convictions for serious violence offence – application for extended supervision order pursuant to Crimes (High Risk Offenders) Act 2006 (NSW) – whether unacceptable risk of re-offending if not supervised – whether Court should exercise its discretion and decline to make an order – whether conditions proposed by the plaintiff are appropriate Legislation Cited: Crimes Act 1900 (NSW), s 35 Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 4(1), 5A(1)(a), 5B, 5I, 9(1)(a), 9(3)(b), 11 Cases Cited: State of New South Wales v Kennedy (Preliminary) [2023] NSWSC 691 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Walker Kennedy (Defendant) Representation: Counsel: S McGee (Plaintiff) R El-Choufani (Defendant)