State of New South Wales v Lawrence (Preliminary) [2019] NSWSC 1101

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Lawrence (Preliminary) [2019] NSWSC 1101 Hearing dates: 19 August 2019 Date of orders: 21 August 2019 Decision date: 26 August 2019 Jurisdiction: Common Law Before: Fullerton J Decision: 1. Pursuant to s 38(5) of the Terrorism (High Risk Offenders) Act 2017 (NSW):

a. I appoint one qualified psychiatrist and one registered psychologist to conduct separate psychiatric and psychological examinations respectively of the defendant and to furnish initial reports to the Court on the result of those examinations; and

b. I direct the defendant to attend those examinations.

2. Pursuant to ss 41 and 42(1) of the Act, the defendant is subject to an interim detention order for a period of 28 days commencing from 22 August 2019.

3. Pursuant to s 49(1) of the Act, a warrant is to issue for the committal of the defendant to a correctional centre for the duration of the interim detention order referred to in Order 2 as required.

4. Orders 1, 2 and 3 are stayed pending the resolution of the Constitutional issue raised by service of a notice dated 30 July 2019. Catchwords: HIGH RISK OFFENDER – preliminary hearing – Terrorism (High Risk Offenders) Act 2017 (NSW) – application for an interim detention order – alternative application for an interim supervision order – defendant in custody – statutory construction of "current custody" for the purposes of the Act – whether supporting documentation would justify the making of an extended supervision order or a continued detention order – where the defendant demonstrated rigid extremist ideologies – history of non-compliance with court orders and obligations – extensive criminal history escalating in frequency and violence – interim detention order granted Legislation Cited: Crimes Act 1900 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Judiciary Act 1903 (Cth) Terrorism (High Risk Offenders) Act 2017 (NSW) Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (Northern Territory) [2009] HCA 41; 239 CLR 27 Assistant Commissioner Condon v Pompano Pty Ltd [2013] HCA 7; 252 CLR 38 Attorney General for New South Wales v Tillman [2007] NSWCA 119 Fardon v Attorney-General (Qld) [2004] HCA 46; 223 CLR 575 Kable v Director of Public Prosecutions (NSW) [1996] HCA 24; 189 CLR 51 K-Generation Pty Limited Liquor Licensing Court [2009] HCA 4; 237 CLR 501 Kamm v State of New South Wales (No 4) [2017] NSWCA 189 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; 194 CLR 355 State of New South Wales v Ceissman [2018] NSWSC 508 State of New South Wales v Dunn [2018] NSWSC 1008 State of New South Wales v Elmir [2019] NSWSC 263 State of New South Wales v Lawrence [2019] NSWSC 946 State of New South Wales v Sturgeon [2019] NSWSC 559 Turner v State of New South Wales [2019] NSWCA 164 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Tukiterangi (Tuki) Lawrence (Defendant) Representation: Counsel: S Casselden SC / C Melis (Plaintiff – on the merits) J Renwick SC / J Caldwell (Plaintiff – Constitutional question) M Robinson SC / J Lucy (Defendant) I Fraser (Attorney General of NSW)