The State of New South Wales v Kay [2016] NSWSC 1820

Supreme Court New South Wales

Medium Neutral Citation: The State of New South Wales v Kay [2016] NSWSC 1820 Hearing dates: 13 December 2016 Date of orders: 15 December 2016 Decision date: 15 December 2016 Jurisdiction: Common Law Before: Schmidt J Decision: Interim supervision order imposed with conditions. Catchwords: HIGH RISK OFFENDER – serious sex offences – preliminary hearing – interim order sought – nature of risks posed – conditions – construction of s11 of the Crimes (High Risk Offenders) Act - interim supervision order imposed with conditions pressed Legislation Cited: Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Lee v New South Wales Crime Commission (2013) 251 CLR 196; [2013] HCA 39 Lynn v State of New South Wales [2016] NSWCA 57 R v Kay [2000] NSWSC 716 Regina v Kay (2002) 132 A Crim R 72; [2002] NSWCCA 286 State of New South Wales v John Raymond Holschier [2016] NSWSC 234 Wilde v State of New South Wales [2015] NSWCA 28 X7 v Australian Crime Commission (2013) 248 CLR 92; [2013] HCA 29 Category: Procedural and other rulings Parties: The State of New South Wales (Plaintiff) Graham James Kay (Defendant) Representation: Counsel: Mr L Fernandez (Plaintiff) Mr G Scragg (Defendant)