State of New South Wales v Ibrahim (Preliminary) [2021] NSWSC 91

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Ibrahim (Preliminary) [2021] NSWSC 91 Hearing dates: 8 February 2021 Decision date: 08 February 2021 Jurisdiction: Common Law Before: R A Hulme J Decision: Two experts appointed to provide reports and interim supervision order for 28 days made Catchwords: HIGH RISK OFFENDERS – convicted NSW terrorism activity offender – unacceptable risk of committing a serious terrorism offence – interim supervision order made – no point of principle Legislation Cited: Terrorism (High Risk Offenders) Act 2017 (NSW), ss 10, 20, 29 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Monzor Ibrahim (Defendant) Representation: Counsel: Ms K Stern SC with Mr J Harris (Plaintiff) Mr M Khan (Defendant)

Solicitors: Crown Solicitors Executive Legal File Number(s): 2020/347972

Judgment 1. HIS HONOUR: By summons filed on 8 December 2020, the State of New South Wales seeks an extended supervision order (ESO) with respect to Mr Monzor Ibrahim pursuant to the Terrorism (High Risk Offenders) Act 2017 (NSW) (the Act). 2. At this preliminary hearing, the State seeks orders as follows: 1) An order appointing a qualified psychiatrist and a registered psychologist to conduct examinations and to provide reports, and directing the defendant to attend those examinations. 2) An order that the defendant be subject to an interim supervision order commencing 21 February 2021. 3) An order that the interim supervision order be for a period of 28 days. 4) An order directing the defendant to comply with the conditions set out in the Schedule to the summons for the duration of the order. 5) An order restricting access to the Court's file. 1. The defendant does not oppose the making of the interim orders sought by the plaintiff except as to the terms of some of the conditions. 2. I am satisfied that the statutory pre-conditions for the making of the application have been complied with. I am also satisfied that if the matters alleged in the supporting documentation relied upon by the plaintiff were proved, there would be justification for the making of an extended supervision order pursuant to s 20 of the Act. That is: Mr Ibrahim is in custody while serving a sentence of imprisonment for a New South Wales indictable offence. An application was made in accordance with Part 2 of the Act. Mr Ibrahim is a convicted New South Wales terrorism activity offender (as defined in s 10 of the Act). To a high degree of probability, he poses an unacceptable risk of committing a serious terrorism offence if not kept under supervision under an ESO. 1. Mr Ibrahim has a significant criminal history including for violence and robbery. His offending has been linked to periods of substance abuse and poor mental health. 2. He has been diagnosed by Dr Kerry Eagle with schizophrenia, severe substance use disorder and antisocial personality disorder. These diagnoses are consistent with assessments made by psychiatrists over the years. He has been frequently admitted to hospital and has been the subject of community treatment orders. He is currently subject to a forensic community treatment order (which will convert to a community treatment order upon his release from custody) that runs until 22 October 2021. 3. Mr Ibrahim has a life-long substance abuse problem. His drug use (buprenorphine and methamphetamine) has continued while in custody.