State of New South Wales v White [2020] NSWSC 1568

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v White [2020] NSWSC 1568 Hearing dates: 5 November 2020 Date of orders: 6 November Decision date: 06 November 2020 Jurisdiction: Common Law Before: Schmidt AJ Decision: I order that condition 4 of Mr White's conditions of supervision be varied to provide: 4. The defendant must wear electronic monitoring equipment as directed from time to time by his EO and must not tamper with such equipment, or remove it without the EO's prior approval, with the need to continue wearing the equipment being reviewed by the EO: a. at least once every 3 months; or b. if the requirement to wear the monitoring equipment has been suspended, upon the EO becoming aware that the defendant may have breached another condition of his supervision, or if the EO considers it is again necessary to address the defendant's risk of committing a serious terrorism offence, in which event the defendant will be provided with a short written statement as to the basis upon which that conclusion has been arrived at. Catchwords: HIGH RISK OFFENDER – Terrorism (High Risk Offenders) Act 2017 (NSW) s 31– application for variation of supervision orders – where the defendant breached the conditions imposed – reimposition of electronic monitoring subject to ongoing review Legislation Cited: Terrorism (High Risk Offenders) Act 2017 (NSW) ss. 3, 3(1), 25(2), 29, 29(1A)(b), 29(1)(h), 29(3), 29(3)(h), 29(3)(j), 29(3) (l) – (m), 30, 31 Cases Cited: Baldwin v State of New South Wales [2020] NSWCA 112 Lynn v State of New South Wales [2016] NSWCA 57 New South Wales v Mills [2019] NSWSC 298 State of New South Wales v Bugmy [2017] NSWSC 855 State of New South Wales v Burns [2014] NSWSC 1014 State of New South Wales v Donovan [2015] NSWSC 1254 State of New South Wales v Graham James Kay [2018] NSWSC 1235 State of New South Wales v Green (Final) [2013] NSWSC 1003 State of New South Wales v White (Final) [2018] NSWSC 1943 State of New South Wales v White (No 1) [2018] NSWSC 1064 State of New South Wales v Wilde [2015] NSWCA 28 Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) Ricky White (Defendant) Representation: Counsel: P. Aitken (Plaintiff) K Averre (Defendant)