State of New South Wales v White (Final) [2018] NSWSC 1943

State of New South Wales v White (Final) [2018] NSWSC 1943

The Court was satisfied to a high degree of probability that the defendant posed an unacceptable risk of committing a serious terrorism offence if not supervised, finding all statutory pre-conditions for an ESO under the THRO Act were met, based on his criminal history, association with white supremacist groups, and his psychological profile. The risk of return to extremist ideology increased without supervision, particularly in the context of substance abuse and re-engagement with negative peers. Accordingly, an ESO for two years with specified conditions, including initial electronic monitoring, was warranted and proportionate to address the risk.

Parties
Plaintiff: State of New South Wales; Defendant: Ricky White
Jurisdiction
Australia
Judgment Date
14 December 2018
Procedural Posture
Application for Extended Supervision Order / Final Judgment
Outcome
ESO made with conditions
Legal Topics
Extended Supervision Order, High Risk Offenders, Terrorism (high Risk Offenders) Act 2017 (nsw), Risk Assessment, Supervision Conditions
Criminal Law Terrorism Law Extended Supervision Order High Risk Offenders Terrorism (high Risk Offenders) Act 2017 (nsw) Risk Assessment Supervision Conditions

Case Brief

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Parties

State of New South Wales

Plaintiff

Ricky White

Defendant

Procedural Posture

Application for Extended Supervision Order / Final Judgment

Legal Issues

  1. 1 Whether the statutory pre-conditions for making an extended supervision order (ESO) under s 20 of the Terrorism (High Risk Offenders) Act 2017 (NSW) are met
  2. 2 Whether the defendant poses an unacceptable risk of committing a serious terrorism offence if not supervised under an ESO
  3. 3 Appropriate conditions for supervision under the ESO

Ratio Decidendi

The Court was satisfied to a high degree of probability that the defendant posed an unacceptable risk of committing a serious terrorism offence if not supervised, finding all statutory pre-conditions for an ESO under the THRO Act were met, based on his criminal history, association with white supremacist groups, and his psychological profile. The risk of return to extremist ideology increased without supervision, particularly in the context of substance abuse and re-engagement with negative peers. Accordingly, an ESO for two years with specified conditions, including initial electronic monitoring, was warranted and proportionate to address the risk.

Court Disposition

ESO made with conditions

Orders

  • The defendant is to be supervised under an extended supervision order for two years from the date of the order, in accordance with ss 20, 25(1)(a) and 26(6) of the Terrorism (High Risk Offenders) Act 2017 (NSW).
  • The defendant is to comply with the detailed supervision conditions set out in the judgment schedule for the ESO duration, pursuant to s 29(1) of the THRO Act.