State of New South Wales v Barez (Preliminary) [2019] NSWSC 1589

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Barez (Preliminary) [2019] NSWSC 1589 Hearing dates: 11 November 2019 Date of orders: 15 November 2019 Decision date: 15 November 2019 Jurisdiction: Common Law Before: Fullerton J Decision: 1. Pursuant to s 27 of the Terrorism (High Risk Offenders) Act 2017 (NSW) the defendant is subject to an interim supervision order for 28 days commencing on 18 November 2019.

2. Pursuant to s 29(1) of the Terrorism (High Risk Offenders) Act 2017 (NSW) the defendant is to comply with the conditions in the Schedule attached to this judgment.

3. Pursuant to s 24(5) of the Terrorism (High Risk Offenders) Act 2017 (NSW) I appoint one qualified psychiatrist and one registered psychologist to conduct separate psychiatric and psychological examinations respectively of the defendant and to furnish initial reports to the Court on the result of those examinations.

4. The Court directs the defendant to attend those examinations. Catchwords: HIGH RISK OFFENDER – preliminary hearing – Terrorism (High Risk Offenders) Act 2017 – application for an interim supervision order – interim supervision order granted Legislation Cited: Crimes Act 1900 (NSW) Criminal Code Act 1995 (Cth) Criminal Code (Terrorist Organisation - Al-Qa'ida) Regulations 2019 (Cth) Terrorism (High Risk Offenders) Act 2017 (NSW) Cases Cited: State of NSW v Ceissman [2018] NSWSC 508 State of New South Wales v Elomar (No 2) [2018] NSWSC 1034 State of New South Wales v Naaman (No 2) [2018] NSWCA 328 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Edris Barez (Defendant) Representation: Counsel: M McHugh SC / A Mykkeltvedt P Johnson (Defendant)