State of New South Wales v Hickey (Preliminary) [2022] NSWSC 1498

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Hickey (Preliminary) [2022] NSWSC 1498 Hearing dates: 24 October 2022 Date of orders: 4 November 2022 Decision date: 04 November 2022 Jurisdiction: Common Law Before: N Adams J Decision: (1) The Summons is dismissed. (2) The plaintiff is to pay the defendant's costs. Catchwords: TERRORISM HIGH RISK OFFENDER – preliminary hearing – application for an interim detention order and the appointment of experts – Terrorism (High Risk Offenders) Act 2017 ss 34, 41 – weapons offences – whether offender poses unacceptable risk of committing serious terrorism offence – propagation of extreme right views and material online – grievances with government and the judiciary – offender has no connection with NSW – speculative "risk scenarios" vis-à-vis "serious terrorism offence" under the Cth Code – offender's extreme views have long history and are persistent – requisite degree of satisfaction of unacceptable risk not reached – summons dismissed Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW), s 158 Criminal Code Act 1995 (Cth) Terrorism (High Risk Offenders) Act 2017 (NSW) Weapons Prohibition Act 1998 (NSW), s 7(1), Sch 1 Cases Cited: Fair Work Ombudsman v Hickey (No 2) [2021] FedCFamC2G 80 Hickey v State Parole Authority [2022] NSWSC 1389 Home Affairs v Benbrika (2021) 388 ALR 1; [2021] HCA 4 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 R v Lodhi [2006] NSWSC 584 State of New South Wales v Cheema (Preliminary) [2020] NSWSC 876 State of New South Wales v Elmir (Final) [2019] NSWSC 1867 State of New South Wales v Holt [2021] NSWSC 1076 State of New South Wales v Kiskonen [2021] NSWSC 915 State of New South Wales v Naaman (No 2) [2018] NSWCA 328 State of New South Wales v Pacey (Final) [2015] NSWSC 1983 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 State of New South Wales v Sotheren (Preliminary) [2018] NSWSC 754 State of NSW v Elomar (No 2) [2018] NSWSC 1034 State of NSW v Golding (Preliminary) [2018] NSWSC 1041 State of NSW v Naaman (No 2) [2018] NSWSC 1329 The State of New South Wales v Reginald Collingwood (a pseudonym) [2021] NSWSC 1365 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Simon John Hickey (Defendant) Representation: Counsel: J Single SC with R McEwen (Plaintiff) E Kerkyasharian with D Bhutani (Defendant)