State of New South Wales v Haidar [2020] NSWSC 38

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Haidar [2020] NSWSC 38 Hearing dates: 4 February 2020 Date of orders: 07 February 2020 Decision date: 07 February 2020 Jurisdiction: Common Law Before: Davies J Decision: (1) Summons dismissed. (2) The plaintiff is to pay the defendant's costs. Catchwords: HIGH RISK OFFENDERS - high risk terrorist offender – preliminary hearing – whether defendant is a convicted NSW terrorism activity offender – where offender displays images and symbols of organisation – whether organisation supports terrorist acts or violent extremism – where organisation not proscribed by the Commonwealth – whether the matters alleged would if proved justify extended supervision order – whether offender poses an unacceptable risk of committing a serious terrorism offence Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) s 27 Criminal Code (Cth) ss 100, 102 Criminal Code Act 1995 (Cth) Evidence Act 1995 (NSW) s 56 Firearms Act 1996 (NSW) ss 7, 74 Mental Health Act 2007 (NSW Terrorism (High Risk Offenders) Act 2017 (NSW) ss 4, 6, 7,10, 20, 21, 24, 27, 50, 54, 61 Weapons Prohibition Act 1998 (NSW) ss 7, 34 Cases Cited: Attorney General for New South Wales v Tillman [2007] NSWCA 119 Attorney-General for the State of New South Wales v Hayter [2007] NSWCA 98 State of New South Wales v Golding (Preliminary) [2018] NSWSC 1041 State of New South Wales v Naaman (No 2) [2018] NSWCA 328 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 State of NSW v Ceissman [2018] NSWSC 508 Texts Cited: Nil Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) Ali Haidar (Defendant) Representation: Counsel: C Furness SC & C Palmer (Plaintiff) M Johnston SC & J Lucy (Defendant)