State of New South Wales v Richardson (Final) [2023] NSWSC 1048

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Richardson (Final) [2023] NSWSC 1048 Hearing dates: 29, 30, 31 August and 1 September 2023 Date of orders: 1 September 2023 Decision date: 01 September 2023 Jurisdiction: Common Law Before: Fagan J Decision: 1 The plaintiff's summons is dismissed. 2 Orders 2 and 3 made by Campbell J on 7 July 2023, providing for interim supervision of the defendant and for compliance with conditions, are discharged with forthwith. 3 The plaintiff is to pay the defendant's costs of the proceedings. Catchwords: HIGH RISK OFFENDER – application for extended supervision order pursuant to Terrorism (High Risk Offenders) Act 2017 – whether defendant a "convicted NSW terrorism activity offender" pursuant to ss 20(c)(iii) and 10(1) by reason of his advocating for terrorist acts or violent extremism – whether statements made disclosed risk of violence with twin intents of advancing ideology and intimidating government or public – where incarcerated defendant is a diagnosed schizophrenic who expressed intentions to commit racial violence upon release – where statements made to treating psychologists during interviews – disordered and deluded commentary on race and socio-political affairs not amounting to an ideology – statements not constituting advocacy where they did not seek to persuade others and were made in clinical context HIGH RISK OFFENDER – whether the defendant poses an unacceptable risk of committing a serious terrorism offence pursuant to s 20(d) – where defendant has no history of committing serious physical violence – where no unacceptable risk that any future acts of property damage or violence would be in furtherance of a political ideology or for the purpose of intimidating the government or public Legislation Cited: Crimes Act 1900 (NSW) Criminal Code (Cth) Mental Health Act 2007 (NSW) Mental Health (Forensic Provisions) Act 1996 (NSW)(rep) Terrorism (High Risk Offenders) Act 2017 (NSW) Uniform Civil Procedure Rules Cases Cited: Bowering v Knox [2014] NSWSC 1107 Hardy v State of New South Wales [2021] NSWCA 338 Rappard v Williams [2013] NSWSC 1279 State of New South Wales v Richardson (Preliminary) [2023] NSWSC 794 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Marc Richardson (Defendant) Representation: Counsel: JS Emmett with A Zheng and AJ Hoare (Plaintiff) E Kerkyasharian with D Bhutani (Defendant)