Ghazzawy v R (Cth) [2021] NSWCCA 70

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ghazzawy v R (Cth) [2021] NSWCCA 70 Hearing dates: 26 October 2020 Decision date: 16 April 2021 Before: Hoeben CJ at CL at [1]; Harrison J at [56]; Ierace J at [57] Decision: (1) Grant leave to the applicant to appeal against his sentence out of time. (2) Grant leave to appeal against sentence. (3) Allow the appeal. (4) Quash the sentence imposed by his Honour Justice Bellew on 8 May 2017. (5) In lieu thereof, the applicant is sentenced to imprisonment for 8 years, commencing 10 December 2015 and expiring 9 December 2023, with a non-parole period of 6 years expiring on 9 December 2021. Catchwords: CRIMINAL LAW – sentence appeal – offence of intentionally making a document connected with the preparation for a terrorist act knowing of that connection contrary to s 101.5(1) of the Criminal Code 1995 (Cth) – failure to have regard to the utilitarian value of the plea of guilty in accordance with s 16A(2)(g) of the Crimes Act 1914 (Cth) – error disclosed and need to resentence – protection of the community, punishment, denunciation of the offending and general deterrence relevant to objective seriousness – objective gravity higher than mid-range – lack of insight into offending – appeal against sentence allowed – term of imprisonment reduced on resentence. Legislation Cited: Crimes Act 1914 (Cth) – s16A Criminal Appeal Act 1912 (NSW) – s5 Criminal Code (Cth) – ss 101.5, 101.6 Cases Cited: Bae v R [2020] NSWCCA 35 Benbrika v R (2010) 29 VR 593; [2010] VSCA 281 Elomar & Ors v R (2014) 300 FLR 323; [2014] NSWCCA 303 House v The King (1936) 55 CLR 499; [1936] HCA 40 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Mulato v Regina [2006] NSWCCA 282 R v Benbrika (2009) 222 FLR 433; [2009] VSC 21 R v Elomar & Ors (2010) 264 ALR 759; [2010] NSWSC 10 R v Ghazzawy [2017] NSWSC 474 R v Kahar & Ors [2016] 1 WLR 3156; [2016] EWCA Crim 568 R v Khazaal [2009] NSWSC 1015 R v Qutami (2001) 127 A Crim R 369; [2001] NSWCCA 353 R v Robert Borkowski [2009] NSWCCA 102 Xiao v R (2018) 96 NSWLR 1; [2018] NSWCCA 4 Category: Principal judgment Parties: Ibrahim Ghazzawy – Applicant Regina (Cth) – Respondent Representation: Counsel: T Anderson/K Fitzgerald – Applicant B Power – Respondent