State of New South Wales v Elmir (Final) [2019] NSWSC 1867

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Elmir (Final) [2019] NSWSC 1867 Hearing dates: 9 September 2019; 17 and 23 September 2019 (written submissions) Date of orders: 20 December 2019 Decision date: 20 December 2019 Jurisdiction: Common Law Before: Walton J Decision: The plaintiff shall bring in short minutes of order reflecting this judgment by 12noon on Friday, 20 December 2019. Catchwords: CIVIL – final hearing – application for extended supervision order – Terrorism (High Risk Offenders) Act 2017 (NSW) – mandatory considerations – discretionary considerations – the time an extended supervision order might operate – whether the defendant poses an unacceptable risk of committing a serious terrorism offence if not kept under supervision during the period of extended supervision order – the timing of the evaluative exercise called for by s 20(d) of the Terrorism (High Risk Offenders) Act – the application of s 31 of the Terrorism (High Risk Offenders) Act in circumstances such as those relating to the defendant – the appropriateness of adjourning the matter, such that it could be determined at a date closer to the expiry of the offender's sentence for the foreign incursion offence – duration – orders Legislation Cited: Community Protection Legislation Amendment Bill 2018 (NSW) Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Criminal Code Act 1995 (Cth) Criminal Code (Terrorist Organisation – Islamic State) Regulations 2017 (Cth) Terrorism (High Risk Offenders) Act 2017 (NSW) Cases Cited: R v EB [2018] NSWSC 201 R v Elmir (No 3) [2019] NSWSC 1040 R v Lodhi [2006] NSWSC 584 State of New South Wales v Dunn [2019] NSWSC 426 State of New South Wales v Dunn (a pseudonym) [2018] NSWSC 1008 State of New South Wales v Fisk [2009] NSWSC 778 State of New South Wales v Naaman (No 2) [2018] NSWCA 328 State of NSW v Ceissman [2018] NSWSC 508 State of NSW v Conway [2011] NSWSC 925 Tillman v Attorney General for the State of New South Wales (2007) 178 A Crim R 133; [2007] NSWCA 327 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Amin Elmir (Defendant) Representation: Counsel: A Casselden SC with A Mykkeltvedt (Plaintiff) P David (Defendant)