State of New South Wales v Ceissman (No 2) [2018] NSWSC 1237

State of New South Wales v Ceissman (No 2) [2018] NSWSC 1237

The Court accepted Witness A's evidence, with caution, and found that it was supported by the cumulative circumstantial evidence, including extremist-associated photographs and gestures, the defendant's association with Mr Boksmati, inconsistent descriptions of that association, statements about travelling to Syria, use of encrypted communications and deletion of messages, breaches of the interim supervision order, and expert evidence assessing extremist violent offending risk as moderate. Although the assessed risk was not high, the contemplated violence involved attacks on police and civilians and, if realised, would likely cause many deaths. The defendant therefore posed an...

Jurisdiction
Australia
Judgment Date
22 October 2018
Procedural Posture
Application for an Extended Supervision Order Under the Terrorism (high Risk Offenders) Act 2017 (nsw) / Principal Judgment on Final Determination of the Application After Interim Supervision Orders
Outcome
Extended supervision order made in respect of Greg Ceissman for 2 years commencing on 18 July 2018.
Legal Topics
['extended Supervision Order' 'interim Supervision Order' 'unacceptable Risk of Committing a Serious Terrorism Offence' 'new South Wales Terrorism Activity Offender' 'circumstantial Evidence and Inferences' 'prisoner Witness Reliability' 'expert Risk Assessment']
['criminal Law' 'terrorism' 'high Risk Offenders' 'evidence' 'civil Procedure'] ['extended Supervision Order' 'interim Supervision Order' 'unacceptable Risk of Committing a Serious Terrorism Offence' 'new South Wales Terrorism Activity Offender' 'circumstantial Evidence and Inferences' 'prisoner Witness Reliability' 'expert Risk Assessment']

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Procedural Posture

Application for an Extended Supervision Order Under the Terrorism (high Risk Offenders) Act 2017 (nsw) / Principal Judgment on Final Determination of the Application After Interim Supervision Orders

Legal Issues

  1. 1 ['Whether the defendant was a person of a class against whom an order under the Terrorism (High Risk Offenders) Act 2017 (NSW) could be made, including whether he was a convicted New South Wales terrorism activity offender.' 'Whether the Court should be satisfied to a high degree of probability that the defendant poses an unacceptable risk of committing a serious terrorism offence if not kept under supervision.' "Whether the evidence of Witness A and the circumstantial evidence concerning the defendant's statements, photographs, associations, communications and conduct should be accepted." 'Whether, in the exercise of discretion, an extended supervision order should be made and subject to what conditions.']

Ratio Decidendi

The Court accepted Witness A's evidence, with caution, and found that it was supported by the cumulative circumstantial evidence, including extremist-associated photographs and gestures, the defendant's association with Mr Boksmati, inconsistent descriptions of that association, statements about travelling to Syria, use of encrypted communications and deletion of messages, breaches of the interim supervision order, and expert evidence assessing extremist violent offending risk as moderate. Although the assessed risk was not high, the contemplated violence involved attacks on police and civilians and, if realised, would likely cause many deaths. The defendant therefore posed an...

Court Disposition

Extended supervision order made in respect of Greg Ceissman for 2 years commencing on 18 July 2018.

Orders

  • ['Pursuant to the terms of s 25 of the Terrorism (High Risk Offenders) Act 2017 (NSW), the Court makes an extended supervision order in respect of the defendant, Greg Ceissman commencing on 18 July 2018 for a period of 2 years.' 'Pursuant to s 29 of the Terrorism (High Risk Offenders) Act 2017 (NSW), the defendant...