State of NSW v TL (Preliminary) [2022] NSWSC 946

Supreme Court New South Wales

Medium Neutral Citation: State of NSW v TL (Preliminary) [2022] NSWSC 946 Hearing dates: 28 March 2022; 19 April 2022; 3 May 2022 Date of orders: 03 May 2022 Decision date: 03 May 2022 Jurisdiction: Common Law Before: Bellew J Decision: (1) The Interim Detention Order imposed by Fullerton J on 21 August 2019 pursuant to ss. 41 and 42 of the Terrorism (High Risk Offenders) Act 2017 ("the Act") is revoked. (2) Orders pursuant to s. 24(5) of the Act: (a) appointing one qualified psychiatrist and one registered psychologist to conduct separate psychiatric and psychological examinations, respectively, of the defendant, and to furnish reports to the Supreme Court on the results of those examinations by a date to be fixed by the Court; and (b) directing the defendant to attend those examinations. (3) order pursuant to ss. 27 and 28(1) of the Act that the defendant be subject to an Interim Supervision Order for a period of 28 days commencing from the date of this order. (4) An order pursuant to s. 29(1) of the Act directing that the defendant comply with the conditions set out in the Schedule attached to these orders for the duration of the Interim Supervision Order referred to at order (3) above. Note: Orders 5-9 do not prevent providing an expert with a copy of the unredacted material for the purpose of the proceedings under the Act. (5) Pursuant to s. 7 of the Court Suppression and Non-Publication Orders Act 2010 (NSW) ("the CSNPO Act") order that the following material in the proceedings not be published: (a) paragraphs [5]-[18] of the affidavit of Graeme Costello sworn 1 March 2022 and filed in the proceedings on 21 March 2022; and (b) evidence in the proceedings that tends to reveal the current and future placement of the defendant. (6) Order 5 is made on the grounds specified in s. 8(1)(c) of the CSNPO Act. (7) To the extent there was disclosure of the placement of the defendant or the supervision arrangements in place for the defendant in the course of the proceedings in either the documentary evidence or oral evidence of the witnesses or in the written or oral submissions made, such disclosure will not be published pursuant to s. 7 of the CSNPO Act, on the grounds specified in s. 8(1)(c) of that Act. (8) Orders 5 and 7 are to operate for a period of ten (10) years from the date of these orders. (9) Until such time as a verdict is reached, pleas of guilty are entered, or findings of guilt are recorded in respect of criminal proceedings (2021/00046726): (a) There is to be no: (i) Publication of the defendant's name in relation to proceedings under the Act; (ii) medical information relating to the defendant that would link the defendant to these proceedings or enable his identification in relation to these proceedings, noting that "Medical information" includes details of his injury, diagnosis and prognosis, his medical treatment and the cause of his injury; (iii) details of the evidence, orders or outcome of proceedings in relation to the proceedings against the defendant under the Act, including all proceedings in relation to file number 2019/185422. (10) This matter is listed for further directions on 12 May 2022. Catchwords: HIGH RISK OFFENDER – Preliminary proceedings – Application by the defendant to revoke an interim detention order – Further application by the plaintiff that the defendant be subject to an interim supervision order – Where the defendant was severely injured after the interim detention order had been made – Where injuries rendered him a tetraplegic – Where defendant had also been charged with terrorism offences in respect of which he had been released on bail – Test for revocation – Interim detention order revoked – Interim supervision order made Legislation Cited: Court Suppression and Non-Publication Orders Act 2010 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Criminal Code 1995 (Cth) Terrorism (High Risk Offenders) Act 2017 (NSW) Cases Cited: Lawrence v State of NSW [2020] NSWCA 248 Manna v New South Wales [2021] NSWSC 1220 State of NSW v Kay [2018] NSWSC 1235 State of NSW v Lawrence (Preliminary) [2019] NSWSC 1101 State of NSW v Mills [2019] NSWSC 298 State of New South Wales v Schmidt (Preliminary) [2019] NSWSC 52 Category: Principal judgment Parties: State of New South Wales – Plaintiff TL – Defendant Representation: Counsel: J Emmett SC – Plaintiff N Steel – Defendant