Hardy v State of New South Wales [2021] NSWCA 338

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hardy v State of New South Wales [2021] NSWCA 338 Hearing dates: 16 November 2021 Date of orders: 22 December 2021 Decision date: 22 December 2021 Before: Basten JA at [1]; White JA at [74]; McCallum JA at [91] Decision: Dismiss the appeal from the judgment in the Common Law Division delivered on 26 July 2021. Catchwords: HIGH RISK OFFENDERS – extended supervision orders – definition of eligible offender – advocating support for "terrorist act" or "violent extremism" – carrying out violent acts not sufficient – delivery of letters threatening member of State Parliament – threat visible to staff who received letters – transient delusional disorder not sufficient to negate intention – nature of double intention required – Terrorism (High Risk Offenders) Act 2017 (NSW), s 10(1)(c)(i) HIGH RISK OFFENDERS – extended supervision orders – assessing "unacceptable risk" of committing a "serious terrorism offence" – questioning of expert witness as to effect of delusions denied by offender – basis for rejection of opinion of court-appointed experts – reliance on failure of offender to give evidence – Terrorism (High Risk Offenders) Act 2017 (NSW), s 20(d) Legislation Cited: Community Protection Legislation Amendment Act 2018 (NSW), Sch 1.8 Crimes (Sentencing Procedure) Act 1999 (NSW), s 71 Crimes Act 1900 (NSW), s 31 Criminal Code (Cth), ss 4.2, 5.2, 5.6, 7.3, 100.1, 101.1, 102.1; Pt 2.3, Divs 7, 10; Pt 5.3; Ch 2 Terrorism (High Risk Offenders) Act 2017 (NSW), ss 4, 7, 10, 20, 23, 24, 25, 55; Pt 2 Cases Cited: Minister for Home Affairs v Benbrika [2021] HCA 4; 95 ALJR 166 State of New South Wales v Dickson (Final) [2020] NSWSC 100 State of New South Wales v Mathers (No 2) [2019] NSWSC 473 State of New South Wales v Naaman (No 2) [2018] NSWCA 328; 365 ALR 179. State of NSW v Mathers [2019] NSWSC 7 Texts Cited: Second Reading Speech: Parliamentary Debates (Hansard) NSW Legislative Assembly (13 November 2018) p 980 Category: Principal judgment Parties: Christopher Bruce Hardy (Appellant) State of New South Wales (Respondent) Representation: Counsel: Mr C O'Donnell SC / Mr D Bhutani (Appellant) Mr J Emmett SC / Mr A Mykkeltvedt (Respondent)