State of New South Wales v Hardy [2021] NSWSC 323

State of New South Wales v Hardy [2021] NSWSC 323

The court was satisfied that the supporting documentation relied upon by the State, if proved, would justify the making of an extended supervision order under s 27(b) of the Terrorism (High Risk) Offenders Act 2017. Subject to certain modifications of proposed conditions, and deletion of some as being oppressive or...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
01 April 2021
Procedural Posture
Application for Interim Supervision Order / Preliminary/interlocutory Determination on Interim Orders
Outcome
Interim Supervision Order granted for 28 days with modified and tailored conditions; examination orders made; proceedings stood over.
Legal Topics
['interim Supervision Order' 'terrorism (high Risk) Offenders Act 2017' 'supervision Conditions' 'risk Assessment' 'procedural Orders']
['criminal Law' 'counter Terrorism Law'] ['interim Supervision Order' 'terrorism (high Risk) Offenders Act 2017' 'supervision Conditions' 'risk Assessment' 'procedural Orders']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Interim Supervision Order / Preliminary/interlocutory Determination on Interim Orders

Legal Issues

  1. 1 ['Whether proposed interim supervision order conditions are appropriate or should be modified' 'Whether supporting documentation would, if proved, justify the making of an extended supervision order' 'Whether conditions imposed are proportionate and necessary']

Ratio Decidendi

The court was satisfied that the supporting documentation relied upon by the State, if proved, would justify the making of an extended supervision order under s 27(b) of the Terrorism (High Risk) Offenders Act 2017. Subject to certain modifications of proposed conditions, and deletion of some as being oppressive or disproportionate, an Interim Supervision Order for 28 days with appropriately tailored conditions was justified pending final determination.

Court Disposition

Interim Supervision Order granted for 28 days with modified and tailored conditions; examination orders made; proceedings stood over.

Orders

  • ['Order pursuant to s 24(5) of the Terrorism (High Risk) Offenders Act 2017 appointing a qualified psychiatrist and a registered psychologist to examine Christopher Bruce Hardy and furnish reports to the Court.' 'Order directing Christopher Bruce Hardy to attend those examinations.' 'Order pursuant to s 27 of the...