Alameddine v R [2020] NSWCCA 232

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Alameddine v R [2020] NSWCCA 232 Hearing dates: 27 April 2020 Decision date: 18 September 2020 Before: Bathurst CJ at [1]; Price J at [202]; N Adams J at [211] Decision: (1) Grant the applicant leave to appeal. (2) Appeal allowed. (3) Quash the sentences imposed on 18 May 2018 and in lieu impose the following sentences: (i) For the offence under s 101.4(2) of the Criminal Code (Cth), the applicant is sentenced to imprisonment for a period of 6 years comprising a non-parole period of 4 years and 6 months commencing on 15 February 2016 and expiring on 14 August 2020 with a balance of term of one year and 6 months commencing on 15 August 2020 and expiring on 14 February 2022. (ii) For the offence of supplying a pistol contrary to s 51(1A) of the Firearms Act 1996 (NSW), the applicant is sentenced to imprisonment for a period of 12 years comprising a non-parole period of 8 years and 6 months commencing on 15 February 2018 and expiring on 14 August 2026 with a balance of term of 3 years and 6 months expiring on 14 February 2030. (iii) The earliest date upon which the applicant will be eligible for release on parole is 15 August 2026. (4) Order pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW) that publication of ground 5 of the grounds of appeal at [8], [161]-[175] above, the words in parenthesis in [178], the last sentence of [197] of this judgment, be prohibited until further order on the ground that it is necessary protect the safety of any person. This order is to take effect throughout the Commonwealth. Catchwords: CRIME – Terrorism offences – Possessing things connected with a terrorist act – Possessing revolver – Reckless as to connection of the thing to the preparation for a terrorist act CRIME – Firearms offences – Supply loaded revolver to person who is not authorised to possess the pistol by a licence or permit. CRIME – Appeals – Appeal against sentence – Whether miscarriage of justice by admission of Exhibit in the absence of an annexure to that statement CRIME – Appeals – Appeal against sentence – Whether sentencing judge erred in finding sympathetic towards Islamic State and motivated to commit the offences because of such sympathy CRIME – Appeals – Appeal against sentence – Whether sentencing judge erred in finding that disclosed to applicant that revolver was to be used for the purposes of a terrorist attack CRIME – Appeals – Appeal against sentence – Whether sentencing judge erred in sentencing applicant on basis that he knew revolver was to be used to shoot a person CRIME – Appeals – Appeal against sentence – Multiple offences - Degree of accumulation between offences CRIME – Appeals – Appeal against sentence – Manifest excess Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW) Crime Commission Act 2012 (NSW) Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Code (Cth) Firearms Act 1996 (NSW) Cases Cited: Alou v R [2019] NSWCCA 231 Benbrika v R (2010) 29 VR 593; [2010] VSCA 281 Blundell v R [2019] NSWCCA 3 Cahyadi v R [2007] NSWCCA 1 GAS v The Queen; SJK v The Queen (2004) 217 CLR 198; [2004] HCA 22 Giorgianni v The Queen (1985) 156 CLR 473; [1985] HCA 29 Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45 Lodhi v R [2007] NSWCCA 360; (2007) 179 A Crim R 470 Nguyen v The Queen (2016) 256 CLR 656; [2016] HCA 17 Nudd v R [2006] HCA 9; 80 ALJR 614 Pym v R [2014] NSWCCA 182 R v Alou (No 4) [2018] NSWSC 221 R v Barot (Dhiren) [2007] EWCA Crim 1119 R v De Simoni (1981) 147 CLR 383; [1981] HCA 31 R v El Hani [2004] NSWCCA 162; C v Regina [2013] NSWCCA 81 R v Joseph Sukkar [2006] NSWCCA 92 R v Lodhi (2006) 199 FLR 364; [2006] NSWSC 691 R v Mulahalilovic [2009] NSWSC 1010 R v Qutami [2001] NSWCCA 353; (2001) 127 A Crim R 369 Redfern v R [2012] NSWCCA 178; (2012) 228 A Crim R 56 TKJW v R (2002) 212 CLR 124; [2002] HCA 46 Tsiakas v R [2015] NSWCCA 187 Yorke v Lucas (1985) 158 CLR 661; [1985] HCA 65 Category: Principal judgment Parties: Talal Alameddine (applicant) The Crown (respondent) Representation: Counsel: H Dhanji SC with P Lange and G Lewer (applicant) P McGuire SC with Y Shariff (respondent)