State of New South Wales v KAS (Final) [2019] NSWSC 1378

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v KAS (Final) [2019] NSWSC 1378 Hearing dates: 26 September 2019 Date of orders: 11 October 2019 Decision date: 11 October 2019 Jurisdiction: Common Law Before: Lonergan J Decision: (1) The summons is dismissed.

(2) The plaintiff is to pay the defendant's costs. Catchwords: HIGH RISK OFFENDER – final hearing – application for extended supervision order – Court not satisfied to a high degree of probability that the defendant poses an unacceptable risk of committing another serious offence if not kept under supervision – no extended supervision order made Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 4, 5, 5B, 9, 21A Child Protection (Offenders Prohibition Orders) Act 2004 (NSW) Cases Cited: Attorney General for NSW v Gallagher [2006] NSWSC 340 Attorney General for NSW v Tillman [2007] NSWCA 119 Attorney General of New South Wales v McGuire [2016] NSWSC 158 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 State of New South Wales v KAS [2012] NSWSC 1139 State of New South Wales v KAS (Preliminary) [2019] NSWSC 924 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 State of NSW v Kaiser (Preliminary) [2018] NSWSC 1971 State of NSW v Wilson (Preliminary) [2017] NSWSC 1367 Category: Principal judgment Parties: State of New South Wales (Plaintiff) KAS (Defendant) Representation: Counsel: S McGee (Plaintiff) J Stratton SC/M Curry (Defendant)