State of New South Wales v Mustapha (Final) [2022] NSWSC 116

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Mustapha (Final) [2022] NSWSC 116 Hearing dates: 14 February 2022 Date of orders: 14 February 2022 Decision date: 14 February 2022 Jurisdiction: Common Law Before: N Adams J Decision: See [62] Catchwords: TERRORISM HIGH RISK OFFENDER – HIGH RISK OFFENDERS – final hearing – State of NSW originally sought continuing detention order under the Terrorism (High Risk Offenders) Act – amended to extended supervision order for three years after court appointed expert evidence received – duration and conditions agreed between the parties – applicable approach where orders by consent – violence and intimidation offences against police and corrections officers – possession of extremist material – verbal outbursts – extended supervision order granted Legislation Cited: Criminal Code Act 1995 (Cth) Terrorism (High Risk Offenders) Act 2017 (NSW) Cases Cited: Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 State of New South Wales v Cheema (Preliminary) [2020] NSWSC 876 State of New South Wales v Pacey (Final) [2015] NSWSC 1983 State of NSW v Elomar (No 3) [2018] NSWSC 1234 State of NSW v Naaman (No 2) [2018] NSWCA 328 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Mejid Mustapha (Defendant) Representation: Counsel: P McDonald SC/C Melis (Plaintiff) D Buchanan SC/E Kerkyasharian (Defendant)

Solicitors: Crown Solicitor's Office (Plaintiff) Legal Aid Commission NSW (Defendant) File Number(s): 2021/255359 Publication restriction: Nil.