Attorney General (Cth) v Pender (Preliminary) [2022] NSWSC 1360

Supreme Court New South Wales

Medium Neutral Citation: Attorney General (Cth) v Pender (Preliminary) [2022] NSWSC 1360 Hearing dates: 4 October 2022 Date of orders: 7 October 2022 Decision date: 07 October 2022 Jurisdiction: Common Law Before: Lonergan J Decision: See par [83] Catchwords: CRIMINAL CODE – post-sentence order – extended supervision order – protection of community – risk the defendant will commit serious Part 5.3 offence – risks associated with significant mental illness and substance abuse disorder – improvements in custody – extremist beliefs – fluctuation in extremist beliefs – need for fresh expert assessment given fluctuation in beliefs and fluctuation in reporting of auditory hallucinations – whether offender poses unacceptable risk of committing a serious Part 5.3 offence – whether each of conditions and combination of them is reasonably necessary and reasonably appropriate and adapted to protect community from unacceptable risk Legislation Cited: Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021 (Cth) Criminal Code 1995 (Cth) Mental Health Act 2007 (NSW) Cases Cited: Minister for Home Affairs v Pender [2021] NSWSC 1644 Minister for Home Affairs v Pender (Preliminary) [2021] NSWSC 921 Category: Procedural rulings Parties: Attorney General for the Commonwealth of Australia (Plaintiff) Blake Nicholas Pender (Defendant) Representation: Counsel: Z Heger / J Wherrett (Plaintiff) M Johnston SC (Defendant)

Solicitors: Australian Government Solicitors (Plaintiff) Legal Aid NSW (Defendant) File Number(s): 2022/00270025 Publication restriction: Nil