Attorney-General of the Commonwealth of Australia v Pender [2024] NSWSC 1111

Supreme Court New South Wales

Medium Neutral Citation: Attorney-General of the Commonwealth of Australia v Pender [2024] NSWSC 1111 Hearing dates: 13 August 2024 Decision date: 04 September 2024 Jurisdiction: Common Law Before: Ierace J Decision: (1) Pursuant to s 105A.12(2) of the Criminal Code Act 1995 (Cth), the extended supervision order made under s 105A.7A(1) of the Criminal Code Act 1995 (Cth) in respect of the defendant by the Honourable Justice N Adams on 21 December 2022 be varied to accord with the conditions in Annexure A. (2) Pursuant to s 105A.12(4)(b) of the Criminal Code Act 1995 (Cth), the extended supervision order be otherwise affirmed. Catchwords: HIGH RISK OFFENDER – application for review of extended supervision order – serious Pt 5.3 terrorism offences – whether scheduling conditions reasonably necessary, and reasonably appropriate and adapted for the purpose of protecting the community from the unacceptable risk of the offender committing a serious Pt 5.3 offence Legislation Cited: Criminal Code Act 1995 (Cth), ss 101.4(1), 105A.6B, 105A.7A, 105A.10, 105A.12, 105A.12A, 105A.18C Crimes Act 1900 (NSW), s 93C Cases Cited: Attorney-General (Cth) v Pender (Preliminary) [2022] NSWSC 1360 Attorney-General of the Commonwealth of Australia v Pender (Final) [2022] NSWSC 1773 Minister for Home Affairs v Pender [2021] NSWSC 1644 R v Pender [2019] NSWSC 1814 Category: Principal judgment Parties: Attorney-General of the Commonwealth of Australia (Plaintiff) Blake Nicholas Pender (Defendant) Representation: Counsel: C Melis with W Randles (Plaintiff) M Johnston SC with D Bhutani (Defendant)