State of New South Wales v Keech [2024] NSWSC 408

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Keech [2024] NSWSC 408 Hearing dates: 3 April 2024 Date of orders: 2 May 2024 Decision date: 02 May 2024 Jurisdiction: Common Law Before: Yehia J Decision: (1) Pursuant to s 10A of the Crimes (High Risk Offenders) Act 2006 (NSW) Act, the defendant be subject to an Interim Supervision Order commencing on 26 May 2024. (2) Pursuant to s 10C(1) of the Act, the Interim Supervision Order is to be for a period of 28 days. (3) Pursuant to s 11 of the Act, I direct that the defendant, for the period of the Interim Supervision Order, comply with the conditions set out in the Schedule to this judgment. (4) Pursuant to s 7(4) of the Act: (a) I appoint two qualified psychiatrists or two registered psychologists, or a combination of one of each, 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 by a date to be fixed by the Court; and (b) I direct the defendant attend those examinations. Catchwords: HIGH RISK OFFENDER – interim supervision order – where no issue is taken with the making of the order – the Court is required to be independently satisfied of the statutory preconditions – dispute as to appropriate conditions – balancing the intrusion on a defendant's liberty and privacy with the safety of the community, which must be given primacy – order made – conditions amended Legislation Cited: Child Protection (Offenders Prohibition Orders) Act 2004 (NSW) Child Protection (Offenders Registration) Act 2000 (NSW), ss 3A, 17 Crimes Act 1900 (NSW), ss 61M, 61N, 547C, 562AB(1) Crimes Act 1914 (Cth), ss 85ZE Crimes (High Risk Offenders) Act 2006 (NSW), ss 4A, 5, 5B, 7(4), 9, 10A, 10C, 11 Criminal Code Act 1995 (Cth), s 474.19 Summary Offences Act 1988 (NSW), s 11G Terrorism (High Risk Offenders) Act 2017 (NSW) Cases Cited: Attorney-General (NSW) v Tillman [2007] NSWCA 119 Lynn v State of New South Wales [2016] NSWCA 57 New South Wales v Ley Thomas Baker (No 2) [2015] NSWSC 483 New South Wales v Mustapha [2022] NSWSC 87 State of New South Wales v Bugmy [2017] NSWSC 855 State of New South Wales v Fisk [2013] NSWSC 364 State of New South Wales v Green (Final) [2013] NSWSC 1003 State of New South Wales v Keech [2015] NSWSC 1898 State of New South Wales v Tina Lee (a pseudonym) (Preliminary) [2023] NSWSC 693 State of NSW v Ali [2010] NSWSC 1045 State of NSW v Donovan [2015] NSWSC 1254 Wilde v The State of New South Wales [2015] NSWCA 28 Category: Procedural rulings Parties: State of New South Wales (Plaintiff) Christian Paul Keech (Defendant) Representation: Counsel: M Dalla-Pozza (Plaintiff) B Kennedy (Defendant)