Commissioner of Police, NSW Police Force v Bazzi & Ors [2021] NSWSC 1150

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of Police, NSW Police Force v Bazzi & Ors [2021] NSWSC 1150 Hearing dates: 1 September 2021 Date of orders: 1 September 2021 Decision date: 01 September 2021 Jurisdiction: Common Law Before: Bellew J Decision: Order made pursuant to s 5 of the Crimes (Serious Crime Prevention Orders) Act 2016 against the second defendant for a period of 9 months commencing on 1 September 2021 Catchwords: SERIOUS CRIME PREVENTION ORDER – Where first defendant a member of an Outlaw Motorcycle Gang – Consideration of steps to be taken in determining whether an order should be made – No point of principle Legislation Cited: Crimes (Serious Crime Prevention Orders) Act 2016 (NSW) Criminal Assets Recovery Act 1990 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Vella v Commissioner of Police (NSW) [2019] HCA 38; (2019) 374 ALR 1 Category: Principal judgment Parties: Commissioner of Police, NSW Police Force – Plaintiff Ali Bazzi – First Defendant Mohamed Hijazi – Second Defendant Tarek Zahed – Third Defendant Representation: Counsel: C Gregory – Plaintiff P Lange – First Defendant

Solicitors: Makinson d'Apice Lawyers – Plaintiff Khan Law & Associates – First Defendant File Number(s): 2021/60230 Publication restriction: Nil

Judgment 1. By a summons filed on 3 March 2021, the Commissioner of Police (the plaintiff) sought a serious crime prevention order pursuant to s 5 of the Crimes (Serious Crime Prevention Orders) Act 2016 (NSW) (the Act) against each of the three named defendants. The summons was supported by an affidavit of Detective Bruce Groenewegen of 26 February 2021 which was read without objection. As between the plaintiff and the second defendant, the proceedings have resolved. As between the plaintiff and the third defendant, the plaintiff's application is listed for hearing later this year. 2. On 1 September 2021, I made an order against the first defendant pursuant to s 5 of the Act, for a period of 9 months commencing on 1 September 2021, in the terms set out in Annexure A to the order. I also noted an undertaking given by the first defendant in respect of Annexure B to the order. 3. At the time of making that order I indicated that my reasons would be provided at a later date. Those reasons now follow.