State of New South Wales v Cheema (Final) [2022] NSWSC 463

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Cheema (Final) [2022] NSWSC 463 Hearing dates: 31 August; 1 and 2 September 2020 Date of orders: 20 April 2022 Decision date: 20 April 2022 Jurisdiction: Common Law Before: Campbell J Decision: (1) An order pursuant to ss 20, 25(1)(a) and 26(6) of the Terrorism (High Risk Offenders) Act 2017 (NSW) that the defendant be subject to an Extended Supervision Order for a period of 2 years from today or when the defendant's current custody expires, whichever the later. (2) An order pursuant to s 29(1) of the said Act, directing the defendant to comply with the conditions set out in Schedule A to the Amended Summons filed on 28 August 2020 as further amended by these reasons for the period of the Extended Supervision Order. (3) Direct the plaintiff to bring in a further amended Schedule A in accordance with these reasons within 7 days by lodging them with my Chambers electronically including in soft form with copies to be provided to the defendant's legal representatives. Catchwords: HIGH RISK OFFENDERS – extended supervision orders – matters to be considered – unacceptable risk of committing a serious terrorism offence – whether Defendant a "convicted NSW terrorism activity offender" – mandatory considerations in s 25(3) of Terrorism (High Risk Offenders) Act 2017 (NSW) Legislation Cited: Crimes Act 1900 (NSW), 51B Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 13 Crimes (High Risk Offenders) Act 2006 (NSW) Criminal Code Act 1995 (Cth), ss 101.1, 101.2, 101.4, 102.3, 102.6, 102.7, 102.8 Evidence Act 1995 (NSW), s 140 Mental Health Act 2007 (NSW), s 22 Terrorism (High Risk Offenders) Act 2017 (NSW), ss 4, 6, 7, 10, 11, 20, 23, 24, 25, 26, 27, 28, 30, 50 Cases Cited: Cheema v State of New South Wales (2020) 102 NSWLR 714; [2020] NSWCA 190 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 Lynn v State of New South Wales [2019] NSWCA 300 Minister for Home Affairs v Benbrika [2021] HCA 4; (2021) 95 ALJR 166 State of New South Wales v Cheema (Preliminary) [2020] NSWSC 876 State of New South Wales v Elmir (Final) [2019] NSWSC 1867 State of New South Wales v Fisk [2013] NSWSC 364 State of New South v Kay [2018] NSWSC 1235 State of New South Wales v Lawrence (Preliminary) [2019] NSWSC 1101 State of New South Wales v Naaman (No 2) (2018) 365 ALR 179; [2018] NSWCA 328 Wilde v State of New South Wales [2015] NSWCA 28 Texts Cited: Nil Category: Principal judgment Parties: State of NSW (Plaintiff) Ahsan Kamal Cheema (Defendant) Representation: Counsel: A Casselden SC with P Aitken and CH Palmer (Plaintiff) M Robinson SC with J Lucy (Defendant)