NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: State of New South Wales v Graham James Kay [2018] NSWSC 1235 Hearing dates: 6 July 2018 Date of orders: 09 August 2018 Decision date: 09 August 2018 Jurisdiction: Common Law Before: Wilson J Decision: Pursuant to s 13(1) of the Crimes (High Risk Offenders) Act 2006, the extended supervision order made by this Court of 17 March 2017 is varied by replacing the Schedule of Conditions that it incorporates with the Schedule of Conditions of Supervision attached to these orders as Annexure A Catchwords: HIGH RISK OFFENDER – existing extended supervision order – application by State to vary order by amending conditions – breaches of order by high risk offender – question of necessity of imposing closer supervision on the high risk offender – primary object of legislation – need to protect community Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes (High Risk Offenders) Act 2006 Crimes Act 1900 (NSW) Cases Cited: R v Kay [2002] NSWCCA 286; (2002) 132 A Crim R 72 State of New South Wales v Kay [2016] NSWSC 1820 State of NSW v Kay [2017] NSWSC 274 Wilde v State of New South Wales [2015] NSWCA 28; (2015) 249 A Crim R 65 Category: Principal judgment Parties: State of New South Wales Graham James Kay Representation: Counsel: Ms D New (Crown) Ms A Cook (Accused)
Solicitors: Mr Jonathan Vasiliou of Crown Solicitors Office Ms Karen Espiner of Younes + Espiner Criminal Lawyers File Number(s): 2016/356365 Publication restriction: None
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