A convicted terrorist who threatened to kill police and a magistrate will walk free from jail again despite being previously thrown behind bars for failing to comply with conditions of release.
Blake Nicholas Pender was back in court on Tuesday as a judge mulled what restrictions should be put in place when he is set free from Silverwater prison in September.
The now 33-year-old was jailed in December 2019 after admitting terror-related knife possession and threatening a magistrate.
In June 2017, he threatened to kill police officers and stab them in the throat, saying, "The proudest thing a man can do is behead a cop".
After being arrested, he threatened to behead a magistrate who refused him bail after he shouted pro-Islamic State slogans in court.
During a recorded phone call while in prison, he told a woman he wanted to become a martyr when he was released.
Pender was let out in October 2022 under an interim supervision order only to be thrown back behind bars weeks later for breaching the conditions of his release.
He was sentenced to a further 22 months in prison ahead of his scheduled September release.
The 33-year-old has at various times believed in Christianity, Islam and more recently Judaism, telling corrective services officers his interest in religion stemmed from a need to belong.
On Tuesday, lawyers for Attorney-General Mark Dreyfus applied to the NSW Supreme Court for a three-year extended supervision order so Pender could be closely watched in the community.
He consented to supervision but argued a proposed condition he notify police of his movements each week was too strenuous.
Representing the attorney-general, barrister Christine Melis said providing a schedule of movements was appropriate and necessary to ensure community protection.
While Pender had been diagnosed with severe ADHD affecting his ability to comprehend and comply with certain restrictions, this could be managed by assistance of community corrections officers and NDIS carers, she told Justice Mark Ierace.
The federal government had been willing to agree to some flexibility, allowing minor breaches with a reasonable excuse such as medical or public transport issues, the court was told.
Combining the weekly schedule with electronic monitoring would ensure the convicted terrorist did not repeat past crimes by sliding back into drug addiction and associating with the wrong people, Ms Melis said.
The 33-year-old, who has a crucifix tattooed under his right eye, watched the hearing from a cell at Silverwater and held his head in his hands as Ms Melis spoke.
Pender's barrister, Matthew Johnston SC, said some supervision was necessary, but the kind of minute-by-minute reports required by the attorney-general were excessive.
He could be hit with criminal charges for inadvertent breaches given his cognitive limitations in understanding the conditions of release, the court was told.
Electronic monitoring and a more relaxed set of supervision orders would still be enough to deal with the risks, Mr Johnston said.
Justice Ierace will deliver his decision next week.
