State of New South Wales v Alam [2020] NSWSC 295

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Alam [2020] NSWSC 295 Hearing dates: 19 March 2020 Date of orders: 26 March 2020 Decision date: 26 March 2020 Jurisdiction: Common Law Before: Wilson J Decision: 1. The summons filed on 14 October 2019 is dismissed. 2. Subject to order (3) no order as to costs. 3. Should the defendant seek an order for costs, he is to file and serve an application and submissions in support in writing within seven days. The State should file and serve any submissions in reply seven days thereafter. Any application for costs will be determined by the Court on the papers. Catchwords: TERRORISM HIGH RISK OFFENDER – application for extended supervision order – preliminary hearing – question of what constitutes "supporting documentation" – question of what constitutes "matters alleged" – test to be applied at preliminary stage of proceedings – question of whether defendant poses an unacceptable risk of committing a serious terrorism offence – specificity of risk of serious terrorism offence Legislation Cited: Commonwealth Criminal Code Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Procedure Act 1986 (NSW) Firearms Act 1996 (NSW) Terrorism (High Risk Offenders) Act 2017 (NSW) Cases Cited: R v Alameddine (No 3) [2018] NSWSC 681 State of New South Wales v DK (Preliminary) [2018] NSWSC 1947 State of New South Wales v Loto [2018] NSWSC 1522 State of New South Wales v Golding (Preliminary) [2018] NSWSC 1041 State of NSW v Lynn [2013] NSWSC 1147 State of NSW v Manners [2008] NSWSC 1242 State of New South Wales v Naaman (No 2) [2018] NSWCA 328 State of New South Wales v Sancar [2016] NSWSC 867 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 State of New South Wales v Thurston [2017] NSWSC 1760 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Issam Alam (Defendant) Representation: Counsel: Mr B Hughes SC with Mr Dalla Pozza for the Plaintiff Ms B Riggs SC with Dr J Lucy for the Defendant Mr Glover for the Commissioner of Police (Notice of Motion)