State of New South Wales v RC (No.2) [2019] NSWSC 845

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v RC (No.2) [2019] NSWSC 845 Hearing dates: 2 July 2019 Date of orders: 12 July 2019 Decision date: 12 July 2019 Jurisdiction: Common Law Before: Garling J Decision: Amended Summons dated 2 July 2019 is dismissed. Catchwords: HIGH RISK OFFENDER – Final hearing – application by the State for an ESO - whether there is a high degree of probability that the defendant poses an unacceptable risk of committing a serious terrorism offence if not kept under supervision under the Terrorism (High Risk Offenders) Act 2017 – where the defendant is 19 years of age – where the defendant has professed conversion to Islam whilst in custody –where the defendant has made verbal threats associated with the conduct of ISIS – where the defendant has not committed any serious terrorism offence or committed offences in association with any ideology or religion Legislation Cited: Childrens (Criminal Proceedings) Act 1987 Crimes (High Risk Offenders) Act 2007 Criminal Code (Cth) Firearms Act 1996 Terrorism (High Risk Offenders) Act 2017 Weapons Prohibition Act 1998 Cases Cited: State of New South Wales v Naaman (No.2) [2018] NSWCA 328 State of NSW v RC (Preliminary) [2019] NSWSC 734 Texts Cited: Not Applicable Category: Principal judgment Parties: State of New South Wales (P) RC (P) Representation: Counsel: S Free SC / C Palmer (P) M Johnston SC / A Wong (D)