Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 26:

1. On 19 February 2025 Lonergan J made interim supervision orders under the Crimes (High Risk Offenders) Act 2006 (NSW), after Mr Tabbah's release from custody, he having served the sentences imposed upon him for his various past serious violent offending: State of New South Wales v Tabbah (Preliminary) [2025] NSWSC 56. Her Honour also appointed experts to examine Mr Tabbah and report to the Court.

2. The only issues remaining between the parties at the final hearing of the State's application that an extended supervision order be imposed on Mr Tabbah for a period of two years, concerned three aspects of the proposed conditions of that supervision.

3. They having agreed that the evidence, which includes the reports of the two appointed experts, establishes that the requirements of the statutory scheme have been satisfied and that the Court should exercise its discretion to make a final supervision order for a period of 2 years.

4. What remained in issue concerned the requirement that Mr Tabbah provide a schedule of his movements; an exclusion zone of places which he could not enter; and the terms of a non-association condition.

5. Further discussion during the course of the hearing and subsequently, resulted in the State pursuing final orders in different terms and it not pressing the proposed condition in relation to the exclusion zone. But still the other two conditions were not agreed.

Conclusion

6. For reasons which follow I have concluded that the Court's discretion to make final supervision orders have been engaged and that I should exercise the Court's discretion to order Mr Tabbah's ongoing supervision for a period of 2 years, with the disputed conditions being resolved on the basis which I will explain. I being satisfied that the conditions which Mr Tabbah urged did not diminish to an acceptable risk, the very high risk of further violent offending which the evidence establishes that he continues to pose.

The requirements of the Act have been satisfied

7. I am satisfied that the parties' joint position, that the requirements of the Act have been satisfied so as to permit the Court to make a final supervision order must be accepted. Further, as they also agreed, that it must be concluded that Mr Tabbah still poses an unacceptable risk of committing another serious violence offence, as that term is defined in s 5A of the Act, if he is not kept under the ongoing supervision which they have agreed he requires.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1970675761dfa2c5a8585eb1)

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