State of New South Wales v Church (Preliminary) [2021] NSWSC 246

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Church (Preliminary) [2021] NSWSC 246 Hearing dates: 5 March 2021 Date of orders: 18 March 2021 Decision date: 18 March 2021 Jurisdiction: Common Law Before: Campbell J Decision: Orders in accordance with Short Minutes of Order Catchwords: HIGH RISK OFFENDERS – Terrorism (High Risk Offenders) Act 2017 – preliminary hearing – application for interim supervision order – application for court-appointed psychiatrists and/or psychologists – Whether defendant is a convicted NSW terrorism activity offender – Whether evidence would, if proved, justify the grant of an extended supervision order at final hearing – disputed conditions Legislation Cited: Terrorism (High Risk Offenders) Act 2017 (NSW) ss 4, 7, 10, 20, 23, 24, 25 27, 29, 29(1A) Crimes (High Risk Offenders) Act 2006 (NSW) Criminal Code 1995 (Cth) Divs 101-103 Crimes Act 1900 (NSW) 51B Cases Cited: State of New South Wales v Golding (Preliminary) [2018] NSWSC 1041 State of New South Wales v Naaman (No 2) [2018] NSWCA 328 State of New South Wales v Naaman (No 2) [2018] NSWSC 1329 The Queen v Abdirahman-Khalif [2020] HCA 36; 94 ALJR 981 R v Dakkak [2020] NSWSC 1806 The Minister for Home Affairs v Benbrika [2021] HCA 4 State of New South Wales v Ceissman [2018] NSWSC 508 State of New South Wales v Bugmy [2017] NSWSC 855 Texts Cited: N/A Category: Principal judgment Parties: State of New South Wales (Plaintiff) Cody Nigel William Church (Defendant) Representation: Counsel: Ms K Richardson SC with Mr M Varley for the Plaintiff Mr J Stratton SC with Ms K Stares for the Defendant