State of New South Wales v Fayad (Variation of Conditions) [2021] NSWSC 600

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Fayad (Variation of Conditions) [2021] NSWSC 600 Hearing dates: 6 April 2021, Written submissions closed 7 May 2021 Date of orders: 28 May 2021 Decision date: 28 May 2021 Jurisdiction: Common Law Before: Wright J Decision: (1) The defendant has leave to file in chambers the amended notice of motion dated 20 April 2021. (2) Order 2 made on 27 February 2021 in these proceedings is revoked. (3) Pursuant to s 29(1) of the Terrorism (High Risk Offenders) Act 2017 (NSW), the defendant is to submit to the supervision and guidance of any enforcement officer responsible for the supervision of the defendant for the time being and in particular the defendant is to comply with the conditions set out in the schedule to these orders for the duration of the Extended Supervision Order imposed on the defendant by order 1 made on 27 February 2021. (4) Otherwise, the defendant's amended notice of motion dated 20 April 2021 is dismissed. (5) Each party is to pay his or its own costs. Catchwords: HIGH RISK TERRORISM OFFENDER – Extended supervision order (ESO) – Convicted NSW terrorism activity offender subject to ESO – Conditions to be imposed under the ESO Legislation Cited: Anti-Discrimination Act 1977 (NSW) Bail Act 2013 (NSW) Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (Administration of Sentences) Regulation 2014 (NSW) Crimes (High Risk Offenders) Act 2006 Crimes (Serious Crime Prevention Orders) Act 2016 (NSW) Criminal Code Act 1995 (Cth) Firearms Act 1996 (NSW) Racial Discrimination Act 1975 (Cth) Sentencing Act 1989 (NSW) Sentencing (General) Regulation 1996 (NSW) Terrorism (High Risk Offenders) Act 2017 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Weapons Prohibition Act 1998 (NSW) Cases Cited: Bropho v Human Rights & Equal Opportunity Commission (2004) 135 FCR 105; [2004] FCAFC 16 Jones v Trad (2013) 86 NSWLR 241; [2013] NSWCA 389 Lynn v State of New South Wales [2016] NSWCA 57 State of New South Wales v BP (No. 2) [2019] NSWSC 806 State of New South Wales v Donovan (2015) 90 NSWLR 389; [2015] NSWCA 280 State of New South Wales v Fayad (Final) [2021] NSWSC 294 State of New South Wales v Fayad (Preliminary) [2020] NSWSC 1681 State of New South Wales v Osman [2021] NSWSC 124 State of New South Wales v Wilkinson (Preliminary) [2020] NSWSC 1813 State of NSW v Keith Farringdon [2018] NSWSC 874 Vella v Commissioner of Police (NSW) [2019] HCA 38; 93 ALJR 1236 Wilde v State of New South Wales [2015] NSWCA 28; 249 A Crim R 65 Category: Consequential orders Parties: State of New South Wales (Plaintiff) Wassim Fayad (Defendant) Representation: Counsel: J Single SC with A Mykkeltvedt (Plaintiff) S Prince SC with J Lucy (Defendant)