State of New South Wales v Elomar (Final) [2021] NSWSC 411

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Elomar (Final) [2021] NSWSC 411 Hearing dates: 8, 9 April 2021 Date of orders: 22 April 2021 Decision date: 22 April 2021 Jurisdiction: Common Law Before: Hamill J Decision: (1) Summons dismissed. (2) Application for extended supervision order dismissed. (3) Interim supervision order revoked. Catchwords: CIVIL LAW - high risk offender - terrorism - violent extremism - whether offender should be subject to further extended supervision order - whether unacceptable risk offender will commit serious terrorism offence - where offender has committed no acts of terrorism - where offender has family members involved in such activities - offender susceptible to influence - calculus of risk - appropriate test - where offender made substantial progress on previous ESO - supportive family - attack on credibility of offender's father - where senior politician describes father as community leader and man of courage - where offender rejected associates with connection to extremism - strong case of rehabilitation and network of positive influences Legislation Cited: Crimes Act 1900 (NSW), s 60(3A) Evidence Act 1995 (NSW), s 50 Terrorism (High Risk Offenders) Act 2017 (NSW), ss 27, 28, 59F, 60 Cases Cited: Cheema v State of New South Wales [2020] NSWCA 190 Cornwell v Attorney General for NSW [2007] NSWCA 374 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 R v Ahmed Elomar (unreported, District Court of NSW, Noman SC DCJ, 10 February 2021) State of New South Wales v Dickson (Final) [2020] NSWSC 100 State of New South Wales v Elomar (No 2) [2018] NSWSC 1034 State of New South Wales v Elomar (Preliminary) [2020] NSWSC 1850 State of New South Wales v Elomar (Preliminary) [2021] NSWSC 403 State of New South Wales v Naaman (No 2) (2018) 365 ALR 179; [2018] NSWCA 328 State of NSW v Barez (Preliminary) [2019] NSWSC 1589 State of NSW v Ceissman [2018] NSWSC 508 State of NSW v Elomar (No 3) [2018] NSWSC 1234 State of NSW v Tiggelen [2018] NSWSC 1399 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Ahmed Elomar (Aka Ahmad Elomar; Aka Charlie Jafesn) (Defendant) Representation: Counsel: J Emmett SC; M Dalla Pozza (Plaintiff) P Lange (Defendant)