State of New South Wales v Kay (Final) [2024] NSWSC 1132

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Kay (Final) [2024] NSWSC 1132 Hearing dates: 23 August 2024 Date of orders: 5 September 2024 Decision date: 05 September 2024 Jurisdiction: Common Law Before: Dhanji J Decision: (1) Pursuant to ss 5B and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW) ("the Act"), the defendant be subject to an extended supervision order ("the extended supervision order") for a period of three years from the date of the order. (2) Pursuant to s 11 of the Act, the defendant, for the period of the extended supervision order, must comply with the conditions set out in the schedule to this judgment. (3) Access to the Court's file for any document shall not be granted to a non-party without leave of a judge of the Court and with prior notice having been given to the parties so as to allow them an opportunity to be heard in respect of an application for access. Catchwords: HIGH RISK OFFENDERS – application for extended supervision order – final hearing – third ESO – high risk sex offender – "statistical outlier" – difficult to apply ordinary assumptions based on advanced age – where parties accept defendant poses unacceptable risk of committing a serious offence if not kept under supervision – where dispute as to conditions of supervision – electronic monitoring – victim impact statements – orders made Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) ss 3, 4, 5, 5B, 5D, 6, 9, 11, 21A Crimes Act 1900 (NSW) s 61J Crimes (Sentencing Procedure) Act 1999 (NSW) s 9 Cases Cited: R v Kay [2000] NSWSC 716 State of New South Wales v Bowdidge (No 2) (Application by Nationwide News Pty Ltd) [2020] NSWSC 159 State of New South Wales v GJO (Final) [2020] NSWSC 1412 State of New South Wales v GJO (Preliminary) [2024] NSWSC 688 State of NSW v Kay [2017] NSWSC 254 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Graham James Kay (Defendant) Representation: Counsel: D New (Plaintiff) J Portokalli (Solicitor) (Defendant)