Commissioner of Police NSWPF v Amoun & Anor [2020] NSWSC 1810

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of Police NSWPF v Amoun & Anor [2020] NSWSC 1810 Hearing dates: 08 December 2020; 09 December 2020; 10 December 2020 Date of orders: 18 December 2020 Decision date: 18 December 2020 Jurisdiction: Common Law Before: Garling J Decision: (1) Grant leave to the plaintiff to file a Second Further Amended Summons. (2) Order the plaintiff to pay the costs of each defendant of and occasioned by the filing of the Second Further Amended Summons. (3) In respect of each defendant, I make a Serious Crime Prevention Order within the meaning of s 5(1) of the Crimes (Serious Crimes Prevention Orders) Act 2016 on the terms and conditions as set out in Annexure A to this judgment, for a period of 12 months. (4) Order each party to bear his and its own costs of the proceedings. Catchwords: CRIME — Serious crime prevention orders — Application – consideration of section 5(1) of the Crimes (Serious Crimes Prevent Orders) Act 2016 - defendants said to be members of the Hamze organised crime network – evidence of escalating violence with Alameddine organised crime network – each defendant previously convicted of a serious criminal offence - whether there is a real or significant risk that each defendant will be involved in serious crime related activity - whether reasonable grounds to believe order would protect the public by disrupting involvement of defendants in such activity – application of Vella v Commissioner of Police (NSW) [2019] HCA 38 - what is the appropriate content of such orders - order granted for term of 12 months Legislation Cited: Crimes (Criminal Organisations Control) Act 2012 Crimes (Serious Crime Prevention Orders) Act 2016 Crimes (Sentencing Procedure) Act 1999 Criminal Assets Recovery Act 1990 Drug Misuse and Trafficking Act 1985 Cases Cited: Commissioner of Police v Bowtell (No.2) 2018 NSWSC 520 Commissioner of Police v Coles [2018] NSWSC 517 Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 Tran v R (Cth) [2020] NSWCCA 310 Vella v Commissioner of Police (NSW) [2019] HCA 38 Texts Cited: Not Applicable Category: Principal judgment Parties: Commissioner of Police NSWPF (P) Ghassan Amoun (D1) Ibrahem Hamze (D2) Representation: Counsel: L Gyles SC / M Jaireth (P) E Ozen SC / L Barnes (D1) G James QC / E James (D2)