R v El Matari [2021] NSWSC 1260

Supreme Court New South Wales

Medium Neutral Citation: R v El Matari [2021] NSWSC 1260 Hearing dates: 31 August 2021 Date of orders: 11 October 2021 Decision date: 11 October 2021 Jurisdiction: Common Law - Criminal Before: Garling J Decision: See [112] Catchwords: CRIME – Terrorism Offences – Doing an act in planning or preparation for a terrorist attack – Engaging in conduct preparatory to committing foreign incursion offence – objective seriousness towards low range – relatively young offender – aggregate sentence imposed Legislation Cited: Criminal Code Act Crimes Act 1914 (Cth) Cases Cited: Not Applicable Texts Cited: Not Applicable Category: Sentence Parties: The Crown Isaac El Matari (Offender) Representation: Counsel: S Callan SC / G Westgarth (Crown) M Johnston SC (Offender)

Solicitors: Commonwealth Director of Public Prosecutions (Crown) Hugo Law Group (Offender) File Number(s): 2019/206285 Publication restriction: Not Applicable

REMARKS ON SENTENCE 1. Early on the morning of 2 July 2019, Isaac El Matari ("the Offender") was arrested at his home at Greenacre. 2. Ultimately, he was charged with these three offences: 1. the first offence is one contrary to s 101.6(1) of the Criminal Code ("the Code") of doing an act in preparation for, or planning of, terrorist acts between July 2018 and 20 September 2019. The acts were described as "… attacks in Australia on behalf of Islamic State" ("the terrorism offence"); 2. the second offence is one contrary to s 119.4(1) of the Code of preparing to engage in the commission of an offence against s.119.1 of the Code between January 2019 and July 2019. The offence was described as "… the offender being at the time an Australian citizen, intentionally engaged in conduct intending that the conduct was preparatory to the commission of an offence under s 119.1, namely entering Afghanistan via Pakistan with the intention of engaging in hostile activity in that or any other foreign country" ("the foreign incursion offence"); and 3. the third offence is one contrary to s 102.3(1) of the Code namely that the offender was knowingly a member of a terrorist organisation between January 2019 and September 2019. The terrorist organisation is identified as the Islamic State ("the membership offence"). 1. In the Local Court, after some negotiations, the Offender indicated he would plead guilty to the first two offences, and that he would admit the third offence on the basis that it was taken into account on sentencing for the terrorism offence pursuant to s 16BA of the Crimes Act 1914 (Cth) ("the Act"). 2. The Offender appeared for sentence before me on 31 August 2021. He maintained the pleas of guilty which had been announced in the Local Court and maintained his admission to the third offence on the basis that it was to be taken into account on sentence for the first offence.