“The harsh prison conditions that you have experienced already, and the likely prospect of solitary confinement for the foreseeable future are important and weighty considerations, which should count for something in the sentencing exercise,” Justice Beale said.
“Because of the nature of your crimes and your notoriety, you have been assessed as being at significant risk from other prisoners.
“You have spent approximately 16 months of your 22 months at Dame Phyllis Frost Centre in a management unit called the Gordon unit and the rest of the time in a protection unit called the Murray unit. A management unit is more restrictive than a protection unit.”
Justice Beale said Patterson was not allowed to mix with the other prisoners despite there being 20 cells in the unit.
“You have spent at least 22 hours in your cell every day that you have been in the Gordon unit. There have been 16 days since November 2024 where because of lockdowns you have been confined for the entire 24 hours per day.
“The maximum time that a prisoner in the Gordon unit can have out of their cell in any given day is four hours but ‘that wouldn’t happen very often’.
“Your meals and medicine are currently delivered through a flap in your cell door.
“There is a small concrete yard, approximately 2m by 1.5m which adjoins yourself with permission, you may access for fresh air.”
Justice Beale said Patterson’s only chance to communicate was with another prisoner - who is locked up for terrorism.
“During your time in the Gordon unit, you have barely had any contact with other individuals,” he told the court.
“Permission is required for you to communicate with any other prisoner which, according to your counsel, is complicated by the fact that you are not informed of the identities of the other prisoners in the Gordon unit.
“You currently have approval to communicate with one other prisoner in the Gordon unit through a wire mesh when the two of you are ... undergoing a lengthy sentence for terrorism offences and has attacked other prisoners.
“You did not ask to communicate with that person and have not communicated with her. The suggestion you should communicate with her was made by a corrections officer.
“There is an intercom in your cell which you may use to communicate with one other prisoner in the unit at a time but you have not done so.”