R v Uweinat [2021] NSWSC 1256

Supreme Court New South Wales

Medium Neutral Citation: R v Uweinat [2021] NSWSC 1256 Hearing dates: 17 September 2021 Date of orders: 11 October 2021 Decision date: 11 October 2021 Jurisdiction: Common Law Before: Bellew J Decision: (1) The offender is convicted of both offences. (2) In respect of the offence of intentionally advocating the doing of a terrorist act contrary to s 80.2C(1) of the Criminal Code 1995 (Cth) the offender is sentenced to 1 year and 8 months imprisonment commencing on 4 December 2019 and expiring on 3 August 2021. (3) In respect of the offence of being a member of an organisation knowing that organisation was a terrorist organisation, contrary to s 102.3(1) of the Criminal Code 1995 (Cth) the offender is sentenced to 3 years and 8 months imprisonment commencing on 4 March 2020 and expiring on 3 November 2023. (4) The total effective sentence is one of 3 years and 11 months imprisonment, commencing on 4 December 2019 and expiring on 3 November 2023. (5) I impose a single non-parole period of 2 years and 11 months imprisonment commencing on 4 December 2019 and expiring on 3 November 2022. (6) In light of the fact that the offence contrary to s 102.3(1) carries a maximum penalty of 10 years imprisonment, I warn the offender, pursuant to s 105A.23 of the Code, that an application may be made under Division 105A requiring him to be detained in a prison after the end of his sentence. Catchwords: CRIMINAL LAW – Offences – Sentence – Intentionally advocating a terrorist act – Membership of a terrorist organisation – Where the offender was a member of Islamic State and advocated the commission of terrorist acts in accordance with that organisation's philosophies – Consideration of general principles applicable to sentencing for terrorism-related offences – Where such principles have been developed in the context of sentencing for more serous offending than that committed in the present case – General principles nevertheless applicable – Serious offending committed over a concentrated period of 6 months – Where offender aged 21 at the time of the offending – Offending committed at a time which coincided with the offender's association with members of an antisocial peer group – Some evidence of link between the offender's immaturity and his offending – Unchallenged evidence given by the offender of his renunciation of previously held extremist beliefs – Evidence of contrition – Pleas of guilty entered at the earliest possible opportunity – Cautiously favourable prospects of rehabilitation Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Code 1995 (Cth) Cases Cited: Alou v R (2019) 101 NSWLR 319; [2019] NSWCCA 231 Benbrika v R (2010) 29 VR 593; [2010] VSCA 281 BP v R [2010] NSWCCA 159; (2010) 201 A Crim R 379 Director of Public Prosecutions (Cth) v Besim [2017] VSCA 158 Director of Public Prosecutions (Cth) v Fattal [2013] VSCA 276 Director of Public Prosecutions (Cth) v MHK (A Pseudonym) (No 1) (2017) 52 VR 272; [2017] VSCA 157 FL v R [2020] NSWCCA 114 HJ v R [2014] NSWCCA 21 IM v R (2019) 100 NSWLR 110; [2019] NSWCCA 107 Jinde Huang aka Liu v R [2018] NSWCCA 70; (2018) 272 A Crim R 266 JM v R [2012] NSWCCA 83; (2012) 223 A Crim R 55 Khazaal v R (No. 2) [2013] NSWCCA 140; (2013) 223 A Crim R 106 KT v R [2008] NSWCCA 51; (2008) 182 A Crim R 571 Lodhi v R [2007] NSWCCA 360; (2007) 179 A Crim R 470 McDowall v R [2019] NSWCCA 29 R (C'Wealth) v Elomar and Ors [2010] NSWSC 10; (2010) 264 ALR 759 R v Alou (No.4) [2018] NSWSC 221; (2018) 330 FLR 402 R v Amati [2019] NSWCCA 193 R v Barot [2007] EWCA Crim 1119 R v Ghazzawy [2017] NSWSC 474 R v Kahar [2016] 1 WLR 3156; [2016] EWCA Crim 568 R v Khalid and ors.[2017] NSWSC 1365 R v Lelikan (2019) 101 NSWLR 490; [2019] NSWCCA 316 R v Lodhi [2006] NSWSC 691; (2006) 199 FLR 364 R v Mastronardi [2000] NSWCCA 12; (2000) 111 A Crim R 306 R v Touma [2008] NSWSC 1475 R v Tran (2002) 4 VR 457; [2002] VSCA 52 Sharma v R [2017] NSWCCA 85 Xiao v R (2018) 96 NSWLR 1; [2018] NSWCCA 4 Category: Sentence Parties: Regina – Crown Youssef Uweinat – Offender Representation: Counsel: S Flood – Crown N Steel – Offender