State of New South Wales v Church (Final) [2021] NSWSC 713

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Church (Final) [2021] NSWSC 713 Hearing dates: 10 and 11 June 2021 Date of orders: 18 June 2021 Decision date: 18 June 2021 Jurisdiction: Common Law Before: Campbell J Decision: (1) Under s 25(1)(b) Terrorism (High Risk Offenders) Act 2017 (NSW) the State's application for an extended supervision order is dismissed; (2) The interim supervision order extended to expire on 19 June 2021 is dissolved; (3) Third parties may not access the court file without the prior leave of a judge of the Court which may not be granted except on first extending to the parties a reasonable opportunity to be heard; (4) Liberty to the defendant to apply in respect of costs exercisable by notice of motion filed and served within 14 days. Catchwords: HIGH RISK OFFENDER – Final hearing – Terrorism (High Risk Offenders) Act 2017 – Application for an extended supervision order – Application refused Legislation Cited: Terrorism (High Risk Offenders) Act 2017 (NSW) ss 4 10, 20, 24, 27, 28, and 29 Criminal Code (Cth) s 100.1 Cases Cited: State of NSW v Church (Preliminary) [2021] NSWSC 246 State of New South v Naaman (No 2) [2018] NSWCA 328; 276 A Crim R 30 Lynn v Sate of NSW (2016) 91 NSWLR 636; [2016] NSWCA 57 Minister for Home Affairs v Benbrika [2021] HCA 4; 95 ALJR 166 Texts Cited: Nil Category: Principal judgment Parties: State of New South Wales (Plaintiff) Cody Nigel William Church (Defendant) Representation: Counsel: A. Casselden SC with C. Palmer and M. Varley (Plaintiff) J. Stratton SC with T. Hennessy and J. Wilcox (Defendant)