State of New South Wales v KML [2019] NSWSC 756

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v KML [2019] NSWSC 756 Hearing dates: 19 June 2019 Date of orders: 19 June 2019 Decision date: 19 June 2019 Jurisdiction: Common Law Before: Garling J Decision: (1) Order, pursuant to s 5B and s 9(1A) of the Crimes (High Risk Offenders) Act 2006, that the Defendant be subject to an Extended Supervision Order for a period of five years from today.

(2) Order, pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006, that the Defendant comply, for the period of the Extended Supervision Order, with each of the conditions set out in schedule A to the amended summons dated 19 June 2019. Catchwords: HIGH RISK OFFENDER – serious sex offender - extended supervision order – where parties have agreed that an ESO should be made – where the term of the ESO is in dispute – whether the court should impose a 2 year or 5 year ESO – what test the court should apply to fix the term of an ESO – whether there is a statutory obligation to impose the minimum necessary term for an ESO to be in place Legislation Cited: Crimes (High Risk Offenders) Act 2006 Cases Cited: Wilde v State of New South Wales [2015] NSWCA 28 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: State of New South Wales (P) KML (D) Representation: Counsel: D. New (P) R. Wilson (D)

Solicitors: Crown Solicitor's Office (P) Legal Aid NSW (D) File Number(s): 2019/30906 Publication restriction: Not Applicable