State of New South Wales v Holt (No 2)

[2023] NSWSC 1365

Supreme Court

New South Wales

• Amendment notes

Medium Neutral Citation:

State of New South Wales v Holt (No 2) [2023] NSWSC 1365

Hearing dates:

5 June 2023

Date of orders:

5 June 2023

Decision date:

05 June 2023

Jurisdiction:

Common Law

Before:

Campbell J

Decision:

(1) Adjourn the hearing of the matter;

(2) Fix the matter for hearing of the State’s notice of motion filed on 30 May 2023 at 2pm on Friday 9 June 2023;

(3) List the matter for directions at 2pm on 9 June 2023 to fix a new date for hearing.

Catchwords:

HIGH RISK OFFENDERS – Terrorism (High Risk Offenders) Act 2017 (NSW) – application for adjournment of final hearing – xxxxxxxxxxxxxxxxxxxx

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Legislation Cited:

Terrorism (High Risk Offenders) Act 2017 (NSW)

Category:

Procedural rulings

Parties:

State of New South Wales (Plaintiff)
Michael James Holt (Defendant)

Representation:

Counsel:
P McDonald SC with T Epstein (Plaintiff)
P Coady with J Wilcox (Defendant)

Solicitors:
Crown Solicitor’s Office (Plaintiff)
Legal Aid NSW (Defendant)

File Number(s):

2021/193502

Publication restriction:

Non-publication order under s 7 of the Court Suppression and Non‑publication Orders Act 2010 (NSW), made on 14 December 2023.

Ex Tempore Judgment (revised)

1. This matter is an application for orders under the Terrorism (High Risk Offenders) Act 2017 (NSW). The matter was before me on 1 December 2022 for a final hearing with a two‑day estimate. For reasons I then gave, I found it necessary to adjourn the matter, on the application of the defendant and with the consent of the State of New South Wales, the plaintiff. It is unnecessary to refer otherwise to my judgment at that time.

2. The matter was refixed for hearing today, with an estimate of two days. Mr Holt’s present status is that he is continuing to serve a sentence of imprisonment that was imposed for offending that occurred while in custody. He is apparently still being treated as a New South Wales post‑custody inmate and has no prospect of parole prior to the expiration of the current sentence on 31 July 2023.

3. Before that sentence was imposed, and as long ago as August 2021, my colleague, Natalie Adams J, made an interim detention order of 28 days duration and directed that a warrant be issued for the defendant’s committal to a correctional centre. Because he is serving the current sentence those orders are suspended by dint of s 42 of the Act and will revive at the completion of his sentence on 31 July. The Court has power to further extend that order up to a maximum period of three months.

4. I make those remarks by way of introduction to say that when the matter was called on for hearing before me this morning Mr Coady, of learned counsel, who appears with Mr Wilcox for the defendant, informed me that he had an application to make which he sought to make in closed court. I was content to close the Court because there is, in any event, a confidential application in relation to certain material that the State wishes to put before me, which it categorises as terrorism intelligence for the purpose of the Act.

5. In any event, the need for the adjournment that Mr Coady outlined is related to what happened or transpired in December xxxxxxxxxxxxxxxxxxxxxxxxx

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6. Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx.

7. Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx.

8. Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx.

9. Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx.

10. In such a situation it ill-behoves the Court to inquire too far into matters and one has to rely upon the good sense and judgment of the members of the profession involved. I am prepared to accept without question Mr Coady’s assessment of the position xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

11. Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx. As it transpires, Ms McDonald SC who appears with Ms Epstein for the State, does not question the assessment made by the defendant’s legal team, and does not oppose the application for an adjournment.

12. Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx. As I have said, there is still time for the matter to be determined but, in the way of these things, that time is starting to run out. In any event, I think it appropriate to adjourn the case.

13. I have mentioned to counsel, and they agree, that I will list the matter before me at 2pm on Friday 9 June 2023, with a view to fixing the matter for final hearing once I have confirmation that the new solicitors have been instructed, and to determine what has been referred to as the confidential motion xxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx.

14. XxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxMy orders then are:

1. Adjourn the hearing of the matter;

2. Fix the matter for hearing of the State’s notice of motion filed on 30 May 2023 at 2pm on Friday 9 June 2023;

3. List the matter for directions at 2pm on 9 June 2023 to fix a new date for hearing.

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Amendments

21 December 2023 - Non publication order lifted and replaced with non-publication order under s 7 of the Court Suppression and Non publication Orders Act 2010 (NSW), made on 14 December 2023.

Decision last updated: 21 December 2023