State of New South Wales v Naaman (Final) [2018] NSWSC 1635

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Naaman (Final) [2018] NSWSC 1635 Hearing dates: 9-10 October 2018 Date of orders: 31 October 2018 Decision date: 31 October 2018 Jurisdiction: Common Law Before: Fagan J Decision: (1) The summons is dismissed. (2) The interim supervision order made by Campbell J on 2 August 2018 and last extended by Bellew J on 25 September 2018 is discharged forthwith. Catchwords: HIGH RISK OFFENDER – terrorism activity offender – application for extended supervision order pursuant to Terrorism (High Risk Offenders) Act 2017 (NSW), Pt 2 – offender on remand for breaches of interim supervision order – offender suffering from chronic schizophrenia – statements by offender in custody expressing intolerance of non-Muslims and wish to travel to fight in Syria – criminal record of repeated dishonesty and property offences and non-compliance with authorities – history of violence against law enforcement officers – whether offender engaged in conduct "involving advocating support for any terrorist acts" – whether "unacceptable risk of committing a serious terrorism offence" if released – Terrorism (High Risk Offenders) Act, ss 10(c)(i), 20(d) – summons dismissed and interim supervision order discharged Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Criminal Code (Cth) Terrorism (High Risk Offenders) Act 2017 (NSW) Cases Cited: Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 State of New South Wales v Ceissman [2018] NSWSC 508 State of New South Wales v Naaman [2018] NSWSC 1328 State of New South Wales v Pacey [2015] NSWSC 1983 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 Texts Cited: N/A Category: Principal judgment Parties: State of New South Wales (plaintiff) Mohamed Naaman (defendant) Attorney General of New South Wales (third-party applicant) Commissioner of Police (third-party applicant) Representation: Counsel: Mr J Agius SC & Mr C McGorey (plaintiff) Mr T Edwards (defendant) Mr Richard Lee (third-party applicants)