State of New South Wales v Dunn (a pseudonym) [2018] NSWSC 1008

State of New South Wales v Dunn (a pseudonym) [2018] NSWSC 1008

The evidence, if proved, established that the defendant poses an unacceptable risk of committing a serious terrorism offence if not detained or supervised, having regard to his clear pattern of escalating threats, ideological statements, mental health, custodial and supervision non-compliance, and the cumulative effect of his behaviour. Consequently, orders for psychiatric examinations and an interim detention order were justified under the statutory framework, prioritizing community safety.

Parties
Plaintiff: State of New South Wales; Defendant: Dunn (a pseudonym)
Jurisdiction
Australia
Judgment Date
29 June 2018
Procedural Posture
Application for Interim Orders Under Terrorism (high Risk Offenders) Act 2017 (nsw) / Preliminary/interlocutory Decision on Interim Detention and Psychiatric Examination
Outcome
Interim orders granted as sought by the State.
Legal Topics
High Risk Offender Detention, Interim Detention Order, Psychiatric Examination, Risk Assessment, Interpretation of 'unacceptable Risk', Extended Supervision Order
Criminal Law Terrorism Law High Risk Offender Detention Interim Detention Order Psychiatric Examination Risk Assessment Interpretation of 'unacceptable Risk' Extended Supervision Order

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Parties

State of New South Wales

Plaintiff

Dunn (a pseudonym)

Defendant

Procedural Posture

Application for Interim Orders Under Terrorism (high Risk Offenders) Act 2017 (nsw) / Preliminary/interlocutory Decision on Interim Detention and Psychiatric Examination

Legal Issues

  1. 1 Whether the defendant is a 'convicted NSW terrorism activity offender' under the Terrorism (High Risk Offenders) Act 2017 (NSW)
  2. 2 Whether the supporting material, if proved, would justify the making of an Extended Supervision Order (ESO) or Continuing Detention Order (CDO) under the Act
  3. 3 Whether an Interim Detention Order (IDO) or Interim Supervision Order (ISO) is warranted given the statutory tests

Ratio Decidendi

The evidence, if proved, established that the defendant poses an unacceptable risk of committing a serious terrorism offence if not detained or supervised, having regard to his clear pattern of escalating threats, ideological statements, mental health, custodial and supervision non-compliance, and the cumulative effect of his behaviour. Consequently, orders for psychiatric examinations and an interim detention order were justified under the statutory framework, prioritizing community safety.

Court Disposition

Interim orders granted as sought by the State.

Orders

  • Order appointing two qualified psychiatrists to conduct separate psychiatric examinations of the defendant and provide reports to the Supreme Court (THRO Act s 38(5)).
  • Order directing the defendant to attend those examinations.