R v Amin [2021] NSWSC 1267

Supreme Court New South Wales

Medium Neutral Citation: R v Amin [2021] NSWSC 1267 Hearing dates: 27 and 28 September 2021 Date of orders: 11 October 2021 Decision date: 11 October 2021 Jurisdiction: Common Law - Criminal Before: Garling J Decision: See [114] Catchwords: CRIME – Terrorism Offences – doing an act in preparation for or planning a terrorist attack – attempt to export goods that are prohibited under the Customs Act 1901 – objective seriousness for both offences below mid-range – reasonable prospects of rehabilitation – need for specific deterrence - aggregate sentence imposed Legislation Cited: Crimes Act 1914 (Cth) Criminal Code (Cth) Customs Act 1901 Cases Cited: Not Applicable Texts Cited: Not Applicable Category: Sentence Parties: The Crown Nowroz Rayed Amin (Offender) Representation: Counsel: C O'Donnell SC / B Anniwell (Crown) G Jauncey (Offender)

Solicitors: Director of Public Prosecutions (Crown) Dibb & Associates (Offender) File Number(s): 2018/186647 Publication restriction: Not Applicable

REMARKS ON SENTENCE 1. Nowroz Amin ("the Offender") is to be sentenced upon his plea of guilty for two offences: 1. an offence that between 26 May 2015 and 7 February 2016, at Sydney in the State of New South Wales and elsewhere, he did acts in preparation for, or planning, a terrorist act or acts contrary to s 101.6(1) of the Criminal Code (Cth) ("the terrorism offence"); and 2. that on 7 February 2016, at Sydney, he did attempt to intentionally export goods, being Tier 1 goods, comprising material that advocated the doing of a terrorist act, being reckless as to the fact that the goods were Tier 1 goods, and being goods the exportation of which was prohibited under the Customs Act 1901 (Cth), unless the approval of a particular person had been obtained, and at the time of the exportation that approval had not been obtained contrary to s 233BAA(5) of the Customs Act 1901, and s 11.1(1) of the Criminal Code ("the Customs Act offence"). 1. The Offender pleaded guilty to the Customs Act offence in the Parramatta Local Court on 8 October 2019. It carries a maximum penalty of 5 years imprisonment or a fine or both. 2. The Offender pleaded guilty to the terrorism offence on 15 April 2021, in circumstances where his trial was scheduled to commence on 19 April 2021. It carries a maximum penalty of life imprisonment.