| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
S ECI 2024 06580
| ATTORNEY-GENERAL OF THE COMMONWEALTH | Plaintiff |
| v | |
| NACER BENBRIKA | Defendant |
---
JUDGE: | Elliott J |
WHERE HELD: | Melbourne |
DATES OF HEARING: | 31 March, 1-3 April 2025 |
DATE OF JUDGMENT: | 8 April 2025 |
DATE OF REASONS: | 30 April 2025 |
CASE MAY BE CITED AS: | Attorney-General (Commonwealth) v Benbrika (No 2) |
MEDIUM NEUTRAL CITATION: | [2025] VSC 223 |
---
PUBLIC LAW – Application for extended supervision order under Division 105A of Part 5.3 of the schedule to the Criminal Code Act 1995 (Cth) – Terrorist offender – Whether defendant poses an unacceptable risk of committing a serious Part 5.3 offence – Whether extended supervision order should be made – Whether conditions of extended supervision order reasonably necessary and reasonably appropriate and adapted for the purpose of protecting the community from an unacceptable risk of the defendant committing a serious Part 5.3 offence – Extended supervision order made for a period of 7 months and 18 days – Conditions directed towards therapeutic matters only – Criminal Code Act 1995 (Cth), sch, pt 5.3, div 105A.
---
APPEARANCES: | Counsel | Solicitors |
| For the plaintiff | Z Maud SC with G Ayres and S Rajanayagam | Australian Government Solicitor |
| For the defendant | D Star KC with G Morgan and J Hartley | Doogue + George |
| For the Director-General of the Australian Security Intelligence Organisation (interested party) | J Petry | Australian Government Solicitor |
| For the Secretary to the Department of Justice and Community Safety (interested party) | S Fitzgerald | Victorian Government Solicitor’s Office |
| For the Commissioner of the Australian Federal Police (interested party) | T Glover SC | Australian Government Solicitor |
HIS HONOUR:
A. Should an extended supervision order be made, and if so, on what terms?
The trial of this proceeding concerned 2 key questions:
(1)Should a further extended supervision order be made in respect of the defendant, Nacer Benbrika (“Benbrika”)?
(2)If an order is to be made, what conditions should it include?
The answers to those questions are:
(1)Yes, for a period expiring on 28 November 2025.
(2)The conditions summarised at paragraphs 28(1) to (4) and 29(1) below.
B. Why is Benbrika before the court?
Benbrika is 65 years old. On 5 November 2020, he completed a term of imprisonment imposed after he was found guilty by a jury in September 2008 of intentionally being a member, and directing the activities, of a terrorist organisation.[1]
[1]Benbrika was found guilty of a further charge (see R v Benbrika (2009) 222 FLR 433 (Bongiorno J)), but this was the subject of a successful appeal against conviction: Benbrika v The Queen (2010) 29 VR 593 (Maxwell P, Nettle and Weinberg JJA).
Since the expiration of his sentence, Benbrika has remained subject to successive post-sentence orders made under Division 105A of Part 5.3 of the schedule to the Criminal Code Act 1995 (Cth) (“the Criminal Code”) on the basis that he continues to pose an unacceptable risk of committing serious terrorism offences.[2]
[2]This is a reference to the offences referred to…
Keep reading for free
Create a free CaseChat account to read Attorney-General (Commonwealth) v Benbrika (No 2) and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2025] VSC 223
- Decision Date
CaseChat Overview and Summary
The court found that the respondent posed an unacceptable risk of committing a serious Part 5.3 offence, justifying the making of an extended supervision order. The court further determined that the proposed conditions of the extended supervision order, which were directed towards therapeutic matters only, were reasonably necessary and reasonably appropriate and adapted for the purpose of protecting the community from the unacceptable risk posed by the respondent. Consequently, the court made an extended supervision order for a period of 7 months and 18 days, with conditions that were limited to therapeutic matters. The court's decision was based on the evidence presented and the need to balance the respondent's rights with the need to protect the community from the risk of serious crime.
The final orders of the court were that an extended supervision order be made for a period of 7 months and 18 days, with conditions directed towards therapeutic matters only. This decision reflects the court's careful consideration of the evidence and the principles underpinning the legislation. The outcome demonstrates the court's commitment to ensuring that the rights of the respondent are balanced with the need to protect the community from the risk of serious crime.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.