Attorney-General of the Commonwealth of Australia v Ghazzawy (Final) [2024] NSWSC 208

Supreme Court New South Wales

Medium Neutral Citation: Attorney-General of the Commonwealth of Australia v Ghazzawy (Final) [2024] NSWSC 208 Hearing dates: 26 – 28 February 2024 Decision date: 07 March 2024 Jurisdiction: Common Law Before: Button J Decision: (1) The amended summons of the plaintiff of 18 December 2023 is dismissed. (2) The ISO extension that expires on 8 March 2024 is quashed. (3) The plaintiff must pay the costs of the defendant of the proceedings before me. Catchwords: HIGH RISK OFFENDERS – post-sentence orders under Division 105A Criminal Code Act 1995 (Cth) – application for extended supervision order – whether satisfaction on balance of probabilities of unacceptable risk of defendant committing a serious Part 5.3 offence – statutory interpretation of temporal requirements of crucial test – where defendant convicted of making a document connected with preparation for a terrorist act when 18-years of age – defendant denied parole – eight years in continuous custody – interim supervision order imposed – expert evidence – limitations of predictions of risk of recidivism – difficulties in determining realistic possibility of risk – grievance based reasoning – evidence of previous misconduct in custody through communications with unauthorised associates – perceived risk based on possibility of subsequent deterioration based on association with Islamic extremists – many concerning contacts to remain in gaol for the period of the order sought – where defendant has renounced extremist views – significant progress in custody – strong family support –concern about potential risk of committing serious Part 5.3 offence, but not satisfaction on balance of probabilities that such a risk will develop – not satisfied any risk will come to fruition within period of order sought – not satisfied any risk is unacceptable – statutory test not fulfilled – amended summons dismissed Legislation Cited: Crimes Act 1914 (Cth) s 19ALB(1) Criminal Code Act 1995 (Cth) ss 101.5, 1015A.6B(1), 105A.7A(1)(b) Evidence Act 1995 (NSW) s 140 Cases Cited: Attorney-General of the Commonwealth of Australia v Ghazzawy [2023] NSWSC 1527 Faheem Khalid Lodhi v Regina [2006] NSWCCA 121; (2006) FLR 303 Fardon v Attorney-General for the State of Queensland (2004) 223 CLR 575; [2004] HCA 46 Hore v The Queen ; Wichen v The Queen [2022] HCA 22 R v Ghazzawy [2017] NSWSC 474 State of New South Wales v Norstead (a pseudonym) (Final) [2023] NSWSC 524 Category: Principal judgment Parties: Attorney-General of the Commonwealth of Australia (Plaintiff) Ibrahim Ghazzawy (Defendant) Representation: Counsel: T Begbie KC with J Edwards and A Garsia (Plaintiff) N Broadbent with C Brain (Defendant)