State of New South Wales v Dunn [2019] NSWSC 426

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Dunn [2019] NSWSC 426 Hearing dates: 26 and 27 March 2019 Date of orders: 16 April 2019 Decision date: 16 April 2019 Jurisdiction: Common Law Before: Wilson J Decision: 1. Pursuant to s 34(1), s 39(1)(b) and s 40(1) of the Terrorism (High Risk Offenders) Act 2017 (NSW) the defendant is subject to a continuing detention order for a period of nine months from today; 2. Pursuant to s 49(1) of the Terrorism (High Risk Offenders) Act 2017 (NSW) a warrant is issued for the committal of the defendant to a correctional centre for the duration of the continuing detention referred to in order (1); 3. Pursuant to s 20, s 25(1)(a), s 26, s 39(1)(a) and s 69(2) of the Terrorism (High Risk Offenders) Act 2017 (NSW) the defendant is to be subject to an extended supervision order for a period of 3 years to commence at the expiry of the order for continuing detention; 4. Pursuant to s 29(1) of the Terrorism (High Risk Offenders) Act 2017 (NSW), the defendant is directed to comply with the conditions set out in the attached "Extended Supervision Order Schedule of Conditions" for the period of the Extended Supervision Order. 5. Access to the Court's file is only permitted to a non-party with the leave of a judge of the Court, and with prior notice to the parties so as to allow them an opportunity to be heard in respect of the application for access. Catchwords: TERRORISM HIGH RISK OFFENDER – application for a continuing detention order and an extended supervision order – defendant affected by schizophrenia – question of basis of past dangerous conduct – whether defendant holds extreme beliefs or whether those beliefs are an expression of psychosis - need for medical treatment - question of whether threatening behaviour can be adequately managed by medical treatment – evidence capable of establishing that defendant poses a risk Legislation Cited: Community Protection Legislation Amendment Act 2018 (NSW) Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes Act 1900 (NSW) Criminal Code 1995 (Cth) Mental Health Act 2007 (NSW) Terrorism (High Risk Offenders) Act 2017 (NSW) Cases Cited: State of NSW v Dunn (a pseudonym) [2018] NSWSC 1008 Category: Principal judgment Parties: State of New South Wales (Plaintiff) M Dunn (a pseudonym) (Defendant) Representation: Counsel: Mr J Agius SC with Mr P Aitken for the Plaintiff Mr M Johnston SC for the Defendant