State of New South Wales v Taleb [2022] NSWSC 1392

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Taleb [2022] NSWSC 1392 Hearing dates: 13 October 2022 Date of orders: 13 October 2022 Decision date: 13 October 2022 Jurisdiction: Common Law Before: Campbell J Decision: (1) An order pursuant to ss 24(5) and 38(5) of the Terrorism (High Risk Offenders) Act 2017 (NSW) (the Act): (a) appointing a qualified psychiatrist and a registered psychologist to conduct separate psychiatric and psychological examinations (as the case may be) of the defendant and to furnish reports to the Supreme Court on the results of those examinations; and (b) directing the defendant to attend those examinations when appointed. (2) An order pursuant to ss 41 and s 42(1) of the Act that the defendant be subject to an interim detention order for a period of 28 days commencing from the date of this order. (3) An order pursuant to s 49(1) of the Act that a warrant be issued for the committal of the defendant to a correctional centre for the duration of the interim detention order referred to in order 2 above. (4) An order restricting access to the Court's file in this proceeding such that access would be permitted to a non-party only with the leave of a judge of the Court and with prior notice to the parties so as to allow them an opportunity to be heard in respect of the application for access. (5) List the matter for mention or directions before Bellew J at 9 am on 3 November 2022 or at such other time as the parties arrange in consultation with his Honour's associate. Catchwords: HIGH RISK OFFENDERS – Crimes (High Risk Offenders) – Interim Detention Order – application – where defendant breached recognisance order – application granted Legislation Cited: Terrorism (High Risk Offenders) Act 2017 (NSW), ss 20, 24, 38, 41, 42, 49, 50 Cases Cited: State of New South Wales v Naaman (No 2) [2018] NSWCA 328; (2018) 276 A Crim R 30 R v Taleb [2022] NSWSC 888 Texts Cited: Nil Category: Procedural rulings Parties: State of New South Wales (Plaintiff) Moudasser Taleb (Defendant) Representation: Counsel: T. McDonald SC with R. McEwen (Plaintiff) P. Coady with D. Bhutani (Defendant)