State of NSW v Keir (Final) [2020] NSWSC 570

State of NSW v Keir (Final) [2020] NSWSC 570

Statutory preconditions for the making of an extended supervision order against the defendant are established, including a significant risk of violence against an intimate partner. The defendant can be adequately managed by an extended supervision order subject to conditions, but the plaintiff has not established that electronic monitoring and schedule of movements are appropriate. Stringent conditions regulating contact with women are appropriate given the defendant's history and recent concerning conduct.

Parties
Plaintiff: State of NSW; Defendant: Thomas Keir
Jurisdiction
Australia
Judgment Date
18 May 2020
Procedural Posture
Application for Extended Supervision Order / Final Hearing
Outcome
Extended supervision order imposed
Legal Topics
High Risk Offender, Extended Supervision Order, Intimate Partner Violence
Criminal Law High Risk Offender Extended Supervision Order Intimate Partner Violence

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Parties

State of NSW

Plaintiff

Thomas Keir

Defendant

Procedural Posture

Application for Extended Supervision Order / Final Hearing

Legal Issues

  1. 1 Whether the defendant should be subject to an extended supervision order under the Crimes (High Risk Offenders) Act 2006 (NSW)
  2. 2 Appropriateness of conditions imposed in the extended supervision order, specifically electronic monitoring and regulation of contact with women

Ratio Decidendi

Statutory preconditions for the making of an extended supervision order against the defendant are established, including a significant risk of violence against an intimate partner. The defendant can be adequately managed by an extended supervision order subject to conditions, but the plaintiff has not established that electronic monitoring and schedule of movements are appropriate. Stringent conditions regulating contact with women are appropriate given the defendant's history and recent concerning conduct.

Court Disposition

Extended supervision order imposed

Orders

  • Pursuant to ss. 5B and 9(1)(a) of the Act, the defendant is subject to an extended supervision order for a period of two years.
  • Pursuant to s. 11 of the Act, the defendant, for the period of that extended supervision order, must comply with the conditions set out in the Schedule to this judgment.