Attorney-General of the Commonwealth of Australia v Amin (Final) [2023] NSWSC 1586

Supreme Court New South Wales

Medium Neutral Citation: Attorney-General of the Commonwealth of Australia v Amin (Final) [2023] NSWSC 1586 Hearing dates: 7 - 8 December 2023 Date of orders: 15 December 2023 Decision date: 15 December 2023 Jurisdiction: Common Law Before: Dhanji J Decision: (1) The interim supervision order currently in force as a result of the orders made by me on 8 December 2023 is amended so as to expire on the delivery of this judgment. (2) The plaintiff's amended summons filed 20 October 2023 is dismissed. (3) The plaintiff is to pay the defendant's costs as agreed or assessed. Catchwords: HIGH RISK OFFENDERS – application for extended supervision order – terrorism related offences – Division 105A of the Criminal Code – whether the defendant poses an unacceptable risk of committing a Part 5.3 offence – defendant denied parole – interim supervision order in place – defendant no longer holds extremist views – concurrent expert evidence – low recidivism rate for terrorist offenders – VERA-2R – difficulties in identifying valid risk factors – risk-based on defendant being housed with terrorists – risk based on association in gaol with other terrorists – "who else are we going to talk to? The wall?" – difficult to articulate any risk posed by the defendant other than it exists to some extent – where legitimate concern that making the order may contribute to a sense of injustice – an ESO is not a substitute for parole – amended summons dismissed. Legislation Cited: Australian Passports Act 2005 (Cth) Crimes (High Risk Offenders) Act 2006 (NSW) Criminal Code (Cth) Customs Act 1901 (Cth) Firearms Act 1996 (NSW) Terrorism (High Risk Offenders) Act 2017 (NSW) Weapons Prohibition Act 1998 (NSW) Cases Cited: Attorney General (Cth) v Amin [2023] NSWSC 1210 Attorney-General (Cth) v Amin (Preliminary) [2023] NSWSC 1280 Attorney General of the Commonwealth of Australia v Pender (Final) [2022] NSWSC 1773 CXZ v Children's Guardian [2020] NSWCA 338 M v M (1988) 166 CLR 69; [1988] HCA 68 Minister for Home Affairs v Benbrika [2020] VSC 888 New South Wales v Naaman (No 2) (2018) 276 A Crim R 30; [2018] NSWCA 328 R v Amin [2021] NSWSC 1267 State of New South Wales v Davis (Preliminary) [2020] NSWSC 754 Texts Cited: O Hodwitz, "The Terrorism Recidivism Study (TRS): Examining Recidivism Rates for Post-9/11 Offenders" (2019) 13(2) Perspectives on Terrorism 54 Category: Principal judgment Parties: Attorney-General of the Commonwealth of Australia (Plaintiff) Nowroz Amin (Defendant) Representation: Counsel: JS Emmett SC, K Pham and T Liu (Plaintiff) P Coady and S Talbert (Defendant)