State of NSW v Keir (Final)

Case

[2020] NSWSC 570

18 May 2020


Details
AGLC Case Decision Date
State of NSW v Keir (Final) [2020] NSWSC 570 [2020] NSWSC 570 18 May 2020

CaseChat Overview and Summary

The case involved the State of New South Wales and Keir, a defendant who had been convicted of murder in 1988. The defendant's application for an extended supervision order was before the court. The court needed to determine whether this order should be imposed, given the risk of future intimate partner violence. Keir did not oppose the extension of the supervision order for two years, but the court had to consider additional measures such as electronic monitoring and a schedule of movements for the defendant's movements.

The primary legal issue was whether the defendant posed a serious risk of future intimate partner violence, warranting the imposition of an extended supervision order. Additionally, the court had to decide if electronic monitoring and a schedule of movements should be imposed as part of the extended supervision order. The court examined the defendant's history, including events since the interim supervision order was imposed, to assess the risk of future violence.

The court found that Keir did pose a serious risk of future intimate partner violence, justifying the imposition of an extended supervision order. The court noted that Keir had not opposed the extension of the supervision order for two years. However, the court decided that additional measures, such as electronic monitoring and a schedule of movements, were necessary to mitigate the risk of future violence. The court concluded that these measures would provide adequate control and monitoring of the defendant's activities.

The court made an extended supervision order for two years, including electronic monitoring and a schedule of movements. The order was designed to ensure that Keir's movements and activities were closely monitored to prevent any potential intimate partner violence. The court's decision was based on the assessment of the defendant's risk and the need for additional measures to protect potential victims.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Sentencing

  • Extended Supervision Order

  • Risk Assessment

  • Electronic Monitoring

  • Movement Schedule

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Cases Citing This Decision

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