State of New South Wales v XX [2022] NSWSC 1583

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v XX [2022] NSWSC 1583 Hearing dates: 16 November 2022 Date of orders: 16 November 2022 Decision date: 16 November 2022 Jurisdiction: Common Law Before: Beech-Jones CJ at CL Decision: (1) An order pursuant to s 24(5) of the Terrorism (High Risk Offenders) Act 2017 ("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 by a date to be fixed by the Court; and b. directing the defendant to attend those examinations. (2) Pursuant to s 27 of the Act, the defendant be subject to an Interim Supervision Order commencing on 18 November 2022. (3) Pursuant to s 28(1) of the Act, the Interim Supervision Order be for a period of 28 days. (4) Pursuant to s 29(1) of the Act, direct the defendant to comply with the conditions set out in Schedule "A" (attached). (5) Access to the Court's file in this proceeding is restricted 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. Catchwords: TERRORISM – High Risk Offenders – application for Interim Supervision Order – no question of principle Legislation Cited: Crimes Act 1900 (NSW), s 35 Criminal Code (Cth) Terrorism (High Risk Offenders) Act 2017 (NSW), ss 7, 10, 20, 22, 23, 24, 25, 27, 28, 29 Cases Cited: State of New South Wales v Cheema (Preliminary) [2020] NSWSC 876 Wilde v State of New South Wales [2015] NSWCA 28 Category: Principal judgment Parties: State of New South Wales (Plaintiff) XX (Defendant) Representation: Counsel: Ms J Single SC; Ms K Curry (Plaintiff) Ms K Stares SC; Ms R Khalilizadeh (Defendant)