State of New South Wales v RC (Preliminary) [2019] NSWSC 734

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v RC (Preliminary) [2019] NSWSC 734 Hearing dates: 17 and 18 April 2019 Date of orders: 18 April 2019 Decision date: 21 June 2019 Jurisdiction: Common Law Before: Ierace J Decision: Reasons published Catchwords: HIGH RISK OFFENDERS – Terrorism (High Risk Offenders) Act 2017 (NSW) – application for interim supervision order – extremist ideology developed while in custody – serious threats of extremist violence against law enforcement officers and others – no evidence of violent extremism in the community – order granted Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW), s 7 Terrorism (High Risk Offenders) Act 2017 (NSW), ss 7, 10, 20, 23, 25, 27 Cases Cited: State of NSW v Ceissman [2018] NSWSC 508 Category: Principal judgment Parties: State of New South Wales (Plaintiff) RC (Defendant) Representation: Counsel: M McHugh SC; A Mykkeltvedt (Plaintiff) M Johnston SC; A Wong (Defendant)

Solicitors: Crown Solicitor's Office (NSW) (Plaintiff) Legal Aid NSW (Defendant) File Number(s): 2019/55501 Publication restriction: Pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW) the name of the defendant is suppressed.­­

Judgment 1. HIS HONOUR: The State of New South Wales ("the plaintiff") commenced proceedings by summons filed on 19 February 2019 against the defendant, RC ("the defendant"), seeking interim and final orders pursuant to the Terrorism (High Risk Offenders) Act 2017 (NSW) ("the Act"). 2. The orders sought by way of interim relief are to the effect that the defendant be subject to an interim supervision order ("ISO") for 28 days commencing on 25 April 2019, to be renewed every 28 days for a maximum period of three months. The summons also seeks an order appointing a psychiatrist and/or psychologist to examine the defendant and furnish reports to this Court and directing the defendant to attend those examinations. As well, it seeks an order pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW) that suppresses the name of the defendant, or in the alternative, prohibits the publication of the defendant's name. 3. By way of final relief, the summons seeks an extended supervision order ("ESO") for a period of three years and an order that the defendant be obliged to comply with conditions set out in a schedule to the summons. Finally, the summons seeks orders that access not be granted to the Court's file to a non-party for any document without leave of a Judge of the Court and with prior notice to the parties. 4. The defendant opposes the interim and final orders sought and, should an ISO be made, some of the proposed conditions to be attached to that order. The other orders sought are not opposed. 5. This is a preliminary hearing, for the purpose of considering the claim for the interim orders. The application for interim orders was heard by me on 17 and 18 April 2019. As the defendant's total sentence was about to expire, I made orders on the latter date and reserved my judgment, which I now deliver.