State of New South Wales v Osman

The State of New South Wales applied for an extended supervision order in relation to Osman, under section 25 of the Terrorism (High Risk Offenders) Act 2017. Osman had a criminal history involving offences such as affray, damaging property, and recklessly causing grievous bodily harm. Although he had not been convicted of a terrorism offence, he was previously associated with members of a group some of whom had been convicted of terrorism offences or were incarcerated for such offences. The Court had to decide whether it could be satisfied to a high degree of probability that Osman posed an unacceptable risk of committing a serious terrorism offence if he was not kept under supervision. The Court also needed to consider whether Osman was likely to comply with any conditions imposed if an extended supervision order was made.

The Court held that it could be satisfied to a high degree of probability that Osman posed an unacceptable risk of committing a serious terrorism offence. This was based on his criminal history, associations, and the nature of the offences committed. The Court considered the seriousness of the offences and the risk of reoffending. The Court also examined Osman’s likelihood of complying with any conditions imposed under an extended supervision order and found him likely to comply. The Court balanced the interests of the community against Osman’s personal liberty and determined that the extended supervision order was necessary to protect the community.

The Court made an extended supervision order in relation to Osman, with conditions including regular reporting to a supervising officer and restrictions on his movements and associations. The Court determined that the extended supervision order was necessary to protect the community from the unacceptable risk posed by Osman. The order was made in the interests of public safety and to prevent Osman from committing a serious terrorism offence.