State of NSW v XX (final) [2023] NSWSC 59

Supreme Court New South Wales

Medium Neutral Citation: State of NSW v XX (final) [2023] NSWSC 59 Hearing dates: 6-7 February 2023 Date of orders: 9 February 2023 Decision date: 09 February 2023 Jurisdiction: Common Law Before: FAGAN J Decision: 1 The plaintiff's summons is dismissed 2 The Interim Supervision Order first made by Beech-Jones CJ at CL on 16 November 2022, and most recently renewed by Ierace J on 9 January 2023 to expire on 10 February 2023 is discharged forthwith. 3 The State pay the defendant's costs of the proceedings Catchwords: HIGH RISK OFFENDER – application for extended supervision order pursuant to Terrorism (High Risk Offenders) Act 2017 – defendant currently subject to interim supervision order – whether the defendant is a "convicted New South Wales terrorism activity offender" pursuant to ss 20(c)(iii) and 10(1)(c) –defendant associated with a known terrorist and Salafi Jihadist whilst in custody – whether "unacceptable risk of committing a serious terrorism offence" pursuant to s 20(d) – court not comfortably satisfied that the defendant poses an unacceptable risk – summons dismissed – interim supervision order discharged Legislation Cited: Court Suppression and Non-Publication Orders Act 2010. Crimes Act 1900 Crimes (Administration of Sentences) Act 1999 Crimes (Administration of Sentences) Act 1999 (NSW) Terrorism (High Risk Offenders) Act 2017 Cases Cited: Hardy v State of New South Wales [2021] NSWCA 338 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 R v Khaja (No 5) [2018] NSWSC 238 State of New South Wales XX [2022] NSWSC 1583. State of New South Wales v Namaan (Final) [2018] NSWSC 1635 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 Category: Principal judgment Parties: State of New South Wales (plaintiff) XX (defendant) Representation: Counsel: A Casselden SC with K Curry (plaintiff) K Stares SC with S McGee (defendant)