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

Man who threatened MP to be supervised

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“A man whose crimes included threatening a NSW MP by writing ” you will be hung until you are dead” is to be subject of a second terrorist-related interim supervision order. Two envelopes were stuffed under the front door of state Labor MP Jodie Harrison’s Charlestown office in March 2017. They were addressed “To the Minister, You are in TREASON, you will be hung [sic] until you are dead, No Mercy, No Prisoners, You are scum”.

The enclosed material included writings to the effect that the Commonwealth of Australia is a corporation, controlled by foreign corporations, a doctrine consistent with the beliefs of the Sovereign Citizen Movement.

In the NSW Supreme Court on Friday, Justice Ian Harrison granted an application by the State of NSW for Christopher Bruce Hardy to be subject to a 28-days interim supervision order. The now 48-year-old served jail time for offences related to the threatening letter and to possessing prohibited weapons – including nun-chucks, decorative knives and a replica pistol, found at his business premises. While he pleaded guilty to the offences, he later denied responsibility for sending the letter, a denial that he maintains. Hardy is currently serving an 18 month community sentence for possessing 411 digital blueprints for the 3D printing and manufacture of 12 firearms and replica firearms.

Another judge granted an extended supervision order in April 2019 finding Hardy was an “eligible offender” under the Terrorism (High Risk) Offenders Act on the basis of the threatening envelopes. Justice Harrison said Hardy had complied with the conditions of that order. “Also, favourably to him, Mr Hardy has not displayed any overt behaviours consistent with his previous anti-authority and violent extremist thinking during his extended supervision,” he said “However, he appears on one view to have maintained – and routinely voiced to those supervising him – strong beliefs of victimisation, persecution and individual personal grievance towards government authority, consistent with his previous thinking.”

Justice Harrison imposed a number of conditions on Hardy, but rejected the State’s submission he should continue to wear electronic monitoring equipment. “In my opinion, it is oppressive, invasive and disproportionate to the concerns expressed about Mr Hardy’s current risks,” he said. He directed Hardy to be examined by a psychiatrist and psychologist to enable reports to be provided at the upcoming hearing for an extended supervision order.”

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

Click to access state-of-new-south-wales-v-hardy-2021-nswsc-323.pdf

More supervision for man who threatened MP

“A jeweller who sent a threatening letter to a NSW MP and was found with blueprints to create 3D-printed guns will continue to be supervised by the state. Christopher Bruce Hardy has been placed on another extended supervision order for 18 months following continued “paranoid and rigid thinking”.

In the NSW Supreme Court on Monday, Justice Peter Johnson said the now 48-year-old posed an unacceptable risk of committing a serious terrorism offence and that it was an “unusual case”. Hardy had no history of criminal behaviour or extremist beliefs until sending a “constant barrage of emails and text messages” to his real-estate agent from 2016, after failing to pay rent.

One note read: “I will get a kettle cord, two nails and a piece of wood and melt their skin off if you like, as that’s the sociopathic managerial way is it not?” Then two envelopes were found stuffed under the front door of state Labor MP Jodie Harrison’s parliamentary office in March 2017. They were addressed “To the Minister, You are in TREASON, you will be hung [sic] until you are dead, No Mercy, No Prisoners, You are scum”.

The enclosed material included writings to the effect that the Commonwealth of Australia is a corporation, controlled by foreign corporations, a doctrine consistent with the beliefs of the Sovereign Citizen Movement. He also purchased a pressure cooker and searched online about how to make an improvised explosive device. Hardy was convicted for sending the threatening letter and to possessing prohibited weapons – including nun-chucks, decorative knives and a replica pistol, found at his business premises.

While he pleaded guilty to the offences, he later denied responsibility for sending the letter, a denial that he maintains. He is serving an 18-month community sentence for possessing 411 digital blueprints for the 3D printing and manufacture of 12 firearms and replica firearms. An interim supervision order was ordered in April for psychiatrist and psychologist reports to be prepared.

One expert report stated that he continued to express mistrust of engaging with psychology and the psychiatrists, thinking these interactions were to be used against him later in court. “Your department is nitpicking to get me on another order,” he said on one occasion”. Experts could not agree on a diagnosis for Hardy, with one opinion stating that he displayed a personality disorder, while another said he displayed schizotypal traits of “Cluster A personality disorder”.

Hardy’s defence in July disputed that his offending should be dealt with under the “Terrorism (High Risk) Offenders Act, but Justice Johnson found there was a risk of repeating earlier offences that were dealt with under the Act. Hardy must comply with strict conditions under the ESO which include regular psychological appointments and monitoring of internet access to prevent his access to extremist material.”

Click to access State-of-New-South-Wales-v-Hardy-Final-2021-NSWSC-900.pdf

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