State of New South Wales v Kramer (Final) [2023] NSWSC 1373

State of New South Wales v Kramer (Final) [2023] NSWSC 1373

The evidence, including expert psychiatric and psychological reports, established to a high degree of probability that Mr Kramer poses an unacceptable risk of committing a serious violent offence if not subject to extended supervision; the statutory criteria for an extended supervision order under the Crimes (High...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 November 2023
Procedural Posture
Application for Extended Supervision Order Under Crimes (high Risk Offenders) Act 2006 (nsw) / Final Orders
Outcome
Extended supervision order granted for 3 years with supervision conditions imposed.
Legal Topics
['extended Supervision Orders' 'high Risk Offenders' 'community Safety' 'violent Recidivism']
['criminal Law' 'sentencing' 'risk Management'] ['extended Supervision Orders' 'high Risk Offenders' 'community Safety' 'violent Recidivism']

Source-derived case record

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Procedural Posture

Application for Extended Supervision Order Under Crimes (high Risk Offenders) Act 2006 (nsw) / Final Orders

Legal Issues

  1. 1 ['Whether there exists an unacceptable risk of violent reoffending by Mr Kramer requiring an extended supervision order' 'Whether proposed supervision conditions are appropriate for managing the risk and facilitating reintegration' 'Whether procedural fairness was observed for the self-represented defendant']

Ratio Decidendi

The evidence, including expert psychiatric and psychological reports, established to a high degree of probability that Mr Kramer poses an unacceptable risk of committing a serious violent offence if not subject to extended supervision; the statutory criteria for an extended supervision order under the Crimes (High Risk Offenders) Act 2006 (NSW) were satisfied; appropriate conditions are required to mitigate risk and assist reintegration.

Court Disposition

Extended supervision order granted for 3 years with supervision conditions imposed.

Orders

  • ['Order pursuant to ss 5B and 9(1)(a) of Crimes (High Risk Offenders) Act 2006 (NSW): defendant subject to extended supervision order for 3 years.' 'Direction pursuant to s 11 of Crimes (High Risk Offenders) Act 2006 (NSW): defendant to comply with the conditions attached to the judgment for the period of the...