State of New South Wales v KML (Preliminary)

The State of New South Wales sought an interim supervision order against the defendant, KML, on the basis that KML is a high-risk offender. The application was heard by the Supreme Court of New South Wales. The primary issue before the court was whether the criteria for the making of an interim supervision order under section 10 of the Crimes (High Risk Offenders) Act 2017 (NSW) were satisfied. The court had to determine whether there were reasonable grounds to believe that KML was likely to commit a serious indictable offence, and if so, whether the making of an interim supervision order was necessary to protect the public.

The court examined the evidence presented by the state, which included a history of KML’s criminal conduct, and expert evidence regarding the risk of reoffending. Given that the application was not opposed, the court found that the evidence provided a sufficient basis to conclude that there were reasonable grounds to believe that KML was likely to commit a serious indictable offence. The court was satisfied that an interim supervision order was necessary to protect the public from the risk posed by KML. Consequently, the court made the interim supervision order, with specific conditions that were deemed appropriate to manage the risk presented by KML.

The final orders included that KML must adhere to a curfew, report regularly to a supervisory officer, and refrain from engaging in any activities that could contribute to the risk of reoffending. These conditions were tailored to address the specific risks associated with KML's criminal history and the potential for future offending.