State of New South Wales v Kaiser [2022] NSWCA 86

State of New South Wales v Kaiser [2022] NSWCA 86

A person is a 'supervised offender' for the purposes of s 5B(b) of the Crimes (High Risk Offenders) Act 2006 (NSW) if they met the criteria in s 5I(2) when the application was made; it is not necessary that the status persist to the point of determination. An extended supervision order may commence on the date it is made, and does not need to await the expiration of a sentence that is not within the s 5I(2) categories.

Parties
Appellant: State of New South Wales; Respondent: Brian Kaiser
Jurisdiction
Australia
Judgment Date
08 June 2022
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Extended Supervision Orders, Statutory Interpretation, High Risk Offenders, Community Protection
Criminal Law Administrative Law Extended Supervision Orders Statutory Interpretation High Risk Offenders Community Protection

Case Brief

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Parties

State of New South Wales

Appellant

Brian Kaiser

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether respondent was a 'supervised offender' at the relevant time under Crimes (High Risk Offenders) Act s 5I;
  2. 2 Whether an extended supervision order could commence earlier than expiration of respondent's current sentence;
  3. 3 Proper construction of s 5B(b) and s 5I of the Crimes (High Risk Offenders) Act

Ratio Decidendi

A person is a 'supervised offender' for the purposes of s 5B(b) of the Crimes (High Risk Offenders) Act 2006 (NSW) if they met the criteria in s 5I(2) when the application was made; it is not necessary that the status persist to the point of determination. An extended supervision order may commence on the date it is made, and does not need to await the expiration of a sentence that is not within the s 5I(2) categories.

Court Disposition

Appeal allowed

Orders

  • Leave to appeal granted pursuant to s 22(3) of the Crimes (High Risk Offenders) Act 2006 (NSW) and s 103 of the Supreme Court Act 1970 (NSW);
  • Orders 2 and 3 of the Supreme Court of 8 June 2021 set aside;