State of New South Wales v Haidar

Case

[2020] NSWSC 38

07 February 2020


Details
AGLC Case Decision Date
State of New South Wales v Haidar [2020] NSWSC 38 [2020] NSWSC 38 07 February 2020

CaseChat Overview and Summary

In the matter of State of New South Wales v Haidar, the defendant was alleged to be a high-risk terrorist offender, and a preliminary hearing was held to determine whether the defendant was a convicted New South Wales terrorism activity offender. The defendant was accused of displaying images and symbols associated with an organisation that supported terrorist acts or violent extremism. The court had to decide whether the organisation in question was proscribed by the Commonwealth and whether the alleged activities, if proven, would justify an extended supervision order, given that the offender posed an unacceptable risk of committing a serious terrorism offence.

The legal issues before the court were the identification of the defendant as a high-risk terrorist offender, the status of the organisation in question, and the potential for the alleged conduct to justify an extended supervision order. The court had to consider whether the organisation supported terrorist acts or violent extremism, whether it was proscribed by the Commonwealth, and whether the matters alleged would, if proved, justify an extended supervision order. Additionally, the court had to determine whether the defendant posed an unacceptable risk of committing a serious terrorism offence.

The court found that the defendant was a high-risk terrorist offender and that the organisation displayed images and symbols associated with supported terrorist acts or violent extremism. However, the court also found that the organisation was not proscribed by the Commonwealth. The court concluded that the matters alleged would, if proved, justify an extended supervision order, given that the defendant posed an unacceptable risk of committing a serious terrorism offence. The court thus upheld the application for an extended supervision order.

The final orders of the court were that the defendant was a high-risk terrorist offender, and an extended supervision order was made in relation to the defendant. The defendant was to be subject to supervision and monitoring by the authorities, and the order was to remain in effect until such time as the court determined otherwise. The court also ordered that the defendant was to be subject to conditions that were designed to reduce the risk of the defendant committing a serious terrorism offence.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Mens Rea & Intention

  • Terrorism

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Cases Citing This Decision

10

Cases Cited

17

Statutory Material Cited

8

State of NSW v Ceissman [2018] NSWSC 508