State of New South Wales v White (Final) [2018] NSWSC 1943

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v White (Final) [2018] NSWSC 1943 Hearing dates: 21 September 2018 and 28 September 2018 Date of orders: 14 December 2018 Decision date: 14 December 2018 Jurisdiction: Common Law Before: N Adams J Decision: (1) Pursuant to ss 20, 25(1)(a) and 26(6) of the Terrorism (High Risk Offenders) Act 2017 (NSW), the defendant is to be supervised under an extended supervision order for a period of two years from the date of this order.

(2) Pursuant to s 29(1) of the Terrorism (High Risk Offenders) Act 2017 (NSW), the defendant is to comply with the conditions set out in the Schedule to this judgment for the duration of the extended supervision order.

(3) Access to the Court file in these proceedings is restricted such that access would only be permitted to a non-party with the leave of a Judge of this Court and with prior notice to the parties so as to allow them to be heard in respect of the application for access. Catchwords: TERRORISM HIGH RISK OFFENDER – Application for extended supervision order ("ESO") sought by the State of NSW under the Terrorism (High Risk Offenders) Act ("THRO Act") – where defendant had associations with right wing extremist groups, skinhead culture and Odinism – where index offence involved burning down the Destiny Church of Australian Christian Churches shortly after handing out Right Wing Revolution pamphlets – where defendant had committed previous offence by making phone calls involving anti-Semitic threats of extreme violence and sexual assault to the Sydney Jewish Museum – whether statutory pre-conditions for the making of an ESO under s 20 of the THRO Act are made out – whether defendant poses unacceptable risk of committing a serious terrorism offence if not supervised under an ESO Legislation Cited: Crimes Act 1900 (NSW), ss 195, 310J Crimes Act 1914 (Cth), s 20 Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 9, 10 Criminal Code Act 1995 (Cth), Sch, ss 4, 100.1, 101.2, 101.4, 101.5, 101.6, 102.1, 102.2, 102.3, 102.4, 102.8, Pt 5.3 Mental Health (Forensic Provisions) Act 1990 (NSW), s 32 Road Transport (Driver Licensing) Regulation 2017 (NSW), cl 5(1)(c) Terrorism (High Risk Offenders) Act 2017 (NSW), ss 3, 4, 8, 9, 10, 12A, 14, 19, 20, 22, 23, 24, 25, 29 Cases Cited: Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 State of New South Wales v Briar (No 3) [2017] NSWSC 1255 State of New South Wales v Burns [2014] NSWSC 1014 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 Sines (No 3) [2017] NSWSC 985 State of NSW v Ceissman [2018] NSWSC 508 State of NSW v Donovan (2015) 90 NSWLR 389; [2015] NSWCA 280 State of NSW v Keith Farringdon [2018] NSWSC 874 Wilde v State of NSW [2015] NSWCA 28 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Ricky White (Defendant) Representation: Counsel: Mr J Agius SC with Mr P Aitken (Plaintiff) Mr M Johnston SC with Ms A Cook (Defendant)