State of New South Wales v BP (Preliminary) [2019] NSWSC 699

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v BP (Preliminary) [2019] NSWSC 699 Hearing dates: 3 June 2019 Date of orders: 14 June 2019 Decision date: 14 June 2019 Jurisdiction: Common Law Before: Wright J Decision: (1) On the ground in s 8(1)(c) of the Court Suppression and Non-publication Orders Act 2010 (NSW), the defendant is to be referred to in relation to the preliminary hearing in these proceedings only by the letters "BP" and his name is not to be published in relation to the preliminary hearing in these proceedings.

(2) Pursuant to s 24(5) of the Terrorism (High Risk Offenders) Act 2017, the Court: (a) appoints a qualified psychiatrist and a registered psychologist to conduct separate psychiatric and psychological examinations (as the case may be) of the defendant and to furnish reports to the Supreme Court on the results of those examinations by a date to be fixed by the Court; and (b) directs the defendant to attend those examinations.

(3) Access to the Court's file in this proceeding to a non-party is permitted only with the prior 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.

(4) The matter is to be listed for further oral submissions on what conditions should be imposed under an interim supervision order on 20 June 2019 at 10 am.

(5) Liberty is granted to the parties to apply on one days' notice if difficulties arise with the implementation of order 1.

(6) The Court directs the defendant to provide to the plaintiff a document setting out which of the conditions proposed by the plaintiff to be included in any supervision order he objects to and the basis for the objection by 12:00nn on 18 June 2019. Catchwords: HIGH RISK OFFENDER – Terrorism (High Risk Offenders) Act 2017 (NSW) – application for interim supervision order – threats of extreme violence against police and other officers – limited history of actual violent offending – potential political or ideological elements but extent unclear – orders for examination made – orders restricting access to the file without prior leave of the Court made Legislation Cited: Commonwealth Criminal Code Court Suppression and Non-publication Orders Act 2010 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Mental Health Act 2007 (NSW) Terrorism (High Risk Offenders) Act 2017 (NSW) Cases Cited: AB (A Pseudonym) v R (No 3) (2019) 97 NSWLR 1046; [2019] NSWCCA 46 Attorney General for New South Wales v Winters [2007] NSWSC 611 Canadian Pacific Tobacco Co Ltd v Stapleton (1952) 86 CLR 1 at 6, [1952] HCA 32 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Cornwell v Attorney General of NSW [2007] NSWCA 374 Fairfax Digital Australia & New Zealand Pty Ltd v Ibrahim (2012) 83 NSWLR 52; [2012] NSWCCA 125 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 Misrachi v The Public Guardian [2019] NSWCA 67 NSW v Ceissman [2018] NSWSC 508 R v Alou (No. 4) [2018] NSWSC 221 State of New South Wales v Dunn (a pseudonym) [2018] NSWSC 1008 State of New South Wales v Naaman (No 2) [2018] NSWCA 328 State of New South Wales v Sturgeon [2019] NSWSC 559 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 Thomas v Mowbray (2007) 233 CLR 307; [2007] HCA 33 Category: Principal judgment Parties: State of New South Wales (Plaintiff) BP (Defendant) Representation: Counsel: Ms K Richardson SC and Mr S Dametto (Plaintiff) Mr S Prince SC and Ms F Graham (Defendant)