Attorney-General of the Commonwealth of Australia v Ghazzawy [2023] NSWSC 1527

Supreme Court New South Wales

Medium Neutral Citation: Attorney-General of the Commonwealth of Australia v Ghazzawy [2023] NSWSC 1527 Hearing dates: 6 December 2023 Decision date: 08 December 2023 Jurisdiction: Common Law Before: Button J Decision: 1) Pursuant to s 105A.9A(4) of the Criminal Code an interim supervision order is imposed upon the defendant for a period of 28 days, commencing on 9 December 2023, and subject to the conditions attached to this judgment. Catchwords: HIGH RISK OFFENDERS – post-sentence order under the Criminal Code Act 1995 (Cth) – application for extended supervision order – preliminary hearing – whether an interim supervision order should be imposed under s 105A.9A – whether the Court is satisfied that there are reasonable grounds for considering that an extended supervision order will be made – whether conditions proposed are reasonably necessary and reasonably appropriate and adapted to protect community from unacceptable risk – where defendant has made significant progress in custody – powerful family support – renunciation of extremist beliefs – identified issue of defendant's misconduct in custody through communications with unauthorised associates while on phone calls with permitted persons – statutory question answered in the affirmative – interim supervision order made Legislation Cited: Criminal Code Act 1995 (Cth) ss 101.5(1), 105A.9A, 105A.6B, 105A.7A(1)(b) Cases Cited: Attorney-General v Khan [2022] VSC 507 Ghazzawy v R (Cth) [2021] NSWCCA 70 R v Ghazzawy [2017] NSWSC 474 Category: Principal judgment Parties: Attorney-General of the Commonwealth of Australia Ibrahim Ghazzawy Representation: Counsel: T Begbie KC with J Edwards and H Roger (Plaintiff) N Broadbent with C Brain (Defendant)