State of New South Wales v Fayad (Final)

In the case of State of New South Wales v Fayad (Final), the State of New South Wales applied for an extended supervision order (ESO) under the Terrorism (High Risk Offenders) Act 2017 in relation to the defendant, Fayad, who had been convicted of a terrorism-related offence. The defendant had been found guilty of whipping a fellow Muslim to administer Sharia law. Despite his conviction, Fayad refused to renounce his actions, instead claiming that he lacked the authority to carry out the punishment. The State contended that Fayad posed an unacceptable risk of committing a serious terrorism offence if not subject to ongoing supervision.

The legal issues before the court included whether the State had established to a high degree of probability that the defendant posed such a risk, given his prior offending, associations with individuals engaged in terrorism offences, and his involvement in the conversion to Islam of those he encountered. Additionally, the court considered the defendant's potential to exert significant influence over younger or vulnerable individuals due to his engaging personality and mentoring role.

The court found that the State had established the relevant risk of the commission of a serious terrorism offence by the defendant. It noted the defendant's previous involvement in whipping a fellow Muslim, his refusal to renounce his actions, and his ongoing associations with individuals engaged in terrorist activities. The court also took into account the defendant's role in converting others to Islam and his potential to influence younger or more vulnerable persons. Based on this, the court was satisfied that the defendant posed an unacceptable risk of committing a serious terrorism offence if not kept under supervision. Consequently, the court granted the application for an extended supervision order, subject to specified conditions.