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[2021] NSWSC 793
Supreme Court of NSW
2021-05-14
Walton J, Sully J, Bell AJ
Original judgment source is linked above.
vis (Preliminary) [2020] NSWSC 754 State of New South Wales v Dunn [2019] NSWSC 426 State of New South Wales v Dunn (a pseudonym) (2018) 273 A Crim R 238; [2018] NSWSC 1008 State of New South Wales v Elmir [2019] NSWSC 1867 State of New South Wales v Farringdon [2018] NSWSC 874 State of New South Wales v Fisk [2013] NSWSC 364 State of New South Wales v Haider [2020] NSWSC 38 State of New South Wales v Naaman (Final) [2018] NSWSC 1635 State of New South Wales v Naaman (No 2) (2018) 365 ALR 179; [2018] NSWCA 328 State of NSW v Ceissman [2018] NSWSC 508 The State of New South Wales v Sharpe [2017] NSWSC 469 Wilde v State of New South Wales (2015) 249 A Crim R 65; [2015] NSWCA 28 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Monzor Ibrahim (Defendant) Representation: Counsel: K Stern SC with A Zheng (Plaintiff) P David (Defendant)
Solicitors: Crown Solicitor's Office (Plaintiff) Executive Legal (Defendant) File Number(s): 2020/347972
INTRODUCTION
PROCEDURAL BACKGROUND
The Predominant Issues
The Further Issues
SUBMISSIONS
The Court Appointed Experts
The State's Evidence
Mr Ibrahim's Evidence
MR IBRAHIM'S NOTICE OF MOTION
Introduction
Preconditions for the making of an ESO
The First Precondition: Eligible Offender
The Second Precondition: s 20(a)
The Third Precondition: s 20(b)
The Fourth Precondition - Convicted Terrorism Activity Offender: s 20(c)
Advocating Support
Terrorist Act
Violent Extremism
The Fifth Precondition: Section 20(d)
IS MR IBRAHIM A CONVICTED NSW TERRORISM ACTIVITY OFFENDER?
Threats of violence of a relevant kind under s 10(1A)(a)(iii)
Letter to Ali Ibrahim, dated 22 September 2014
Statements advocating support for terrorist acts or violent extremism: s 10(1)(c)(i)
Letter to Zaky Mallah, dated 22 November 2004
Letter to Najwaa Ibrahim and telephone call to Karen Ibrahim, August 2009
Letter to Najwaa Ibrahim, dated 30 September 2009
Letter to Mouna El-Ahmad, dated 25 February 2012
Letter to Ali Ibrahim, dated 22 September 2014
Interview with Police on 23 February 2016
The Cell Wall Writings, June to August 2017
Letter to Alisha Kent, dated 2 October 2017
Conclusion: Statements advocating support for terrorist acts or violent extremism: s 10(1)(c)
The Decision of Davies J in State of New South Wales v Haider
Conclusion: Is Mr Ibrahim a convicted NSW Terrorism Activity Offender
UNACCEPTABLE RISK OF COMMITTING A SERIOUS TERRORISM OFFENCE: s 20(d)
Schizophrenia
Substance Use Disorder
Antisocial Personality Disorder
Expert Risk Assessments: Risk of Engaging in a Serious Terrorism Offence
The Dayalan Report
Action and capacity
Commitment and motivation
Risk formulation
Question 4
Question 5(d)
Protective and risk mitigating indicators
The Klamer Report
The Eagle Report
Overall Assessment of the Opinion of the Experts
Susceptibility to Influence
Insight to Mental Illness
Risk of re-lapse of mental health condition
The period prior to the April 2002 offences: 1. In the lead up to Mr Ibrahim's commission of the April 2002 offences (in which he robbed a hotel, a post office and a bottle shop at gun point, which I will return to below in the context of his criminal history), he discontinued anti-psychotic medication and other treatment. In sentencing him for the offences, Charteris DCJ observed that Mr Ibrahim "made conscious decisions to cease taking his medication and also to continue to take heroin" and that "he would have known from his previous experience in psychiatric treatment that to do so was to invite the disaster that eventually unfolded".
The period in custody in late 2008 to early 2009: 1. In the period following his admission into custody in late 2008, following a revocation of parole, Mr Ibrahim refused anti-psychotic medication and other treatment. During this period, he "threatened to kill his family", was "hostile and belligerent" to correctional centre staff "at all times" and was placed in segregation. This behaviour continued until at least mid-2009, when he commenced anti-psychotic medication.
The period prior to the index offence: 1. In the year leading up to Mr Ibrahim's commission of the index offence (in which, as already noted, he robbed a jewellery store while purporting to have a gun and making threats of violence), he was admitted to Banks House after using methamphetamine and subsequently ceasing to take his prescribed anti-psychotic medication.
Criminal History of Violence or Threats of Violence
The 1999 armed robbery offences
The April 2002 offences
The 2008 and 2009 armed robbery and offensive weapon/assault offences
The 2009 assault offences
The 2013 armed robbery offence
The index offence
Institutional offences
Compliance with Obligations whilst on Parole or Bail
Treatment and Rehabilitation Programs
Programs targeting violent extremism
Violent Offenders Therapeutic Program
EQUIPS Aggression
Programs targeting drug use.
Beliefs or Commitments of Mr Ibrahim that Support Engaging or Participating in Terrorism Activities
Risk Management Report
Risk Mitigation Factors raised by Mr Ibrahim
Family Support
Community Treatment Order
The decision of the New South Wales Court of Appeal in Naaman No 2
Conclusion: Unacceptable Risk
Should an ESO be made?
Expert Evidence
Submissions of the State
Submissions of Mr Ibrahim
Conclusion: Duration
Principles
Areas of Dispute
Part A: Supervision, Movements and Reporting - Condition 1
Part C: Financial Oversight - Conditions 8 and 9
Part D: Electronic Monitoring - Condition 10
Part E: Accommodation - Condition 14
Part H: Drugs, Alcohol and Gambling - Conditions 25-28
Part J: Psychological/Psychiatric Assessment, Counselling & Medical Treatment - Condition 36
Part L: Communication, Internet Use & Electronic Devices - Conditions 40-44
Part M: Associations - Condition 51
Part N: Identity and Appearance - Conditions 55-56
ORDERS
DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 30 June 2021
State of New South Wales
Ibrahim
(2020) 102 NSWLR 714
(2017) 345 ALR 669
(2020) 103 NSWLR 401
(2016) 91 NSWLR 636
(2018) 365 ALR 179