New South Wales Crime Commission v Sassine

Case

[2019] NSWSC 748

14 June 2019


Details
AGLC Case Decision Date
New South Wales Crime Commission v Sassine [2019] NSWSC 748 [2019] NSWSC 748 14 June 2019

CaseChat Overview and Summary

The New South Wales Crime Commission sought to make an application for restraining orders against Sassine, who was suspected of being involved in criminal activities. The application was made ex-parte, meaning it was made without notice to the respondent, and the application was heard in the Supreme Court of New South Wales. The commission argued that the orders were necessary to prevent Sassine from engaging in activities that could harm the public or impede the investigation into his suspected criminal activities.

The primary legal issue before the court was whether the commission had provided sufficient evidence to justify the making of the ex-parte orders. The court needed to determine whether the commission had demonstrated that there was a real and substantial risk that Sassine would engage in activities that would cause harm to the public or impede the investigation. The court also needed to consider whether the orders were necessary and proportionate to the risk posed by Sassine.

The court found that the commission had provided sufficient evidence to justify the making of the ex-parte orders. The commission had demonstrated that there was a real and substantial risk that Sassine would engage in activities that would cause harm to the public or impede the investigation. The court was satisfied that the orders were necessary and proportionate to the risk posed by Sassine. The court made the orders sought by the commission, including orders that Sassine not engage in certain activities and that he surrender his passport and other travel documents.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Restraining Orders

  • Ex Parte Proceedings

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