Almaouie v R [2021] NSWCCA 274

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Almaouie v R [2021] NSWCCA 274 Hearing dates: 6 September 2021 Date of orders: 19 November 2021 Decision date: 19 November 2021 Before: Beech-Jones CJ at CL at [1] R A Hulme J at [32] Wilson J at [33] Decision: (1) Extend the time in which the applicant may apply for leave to appeal against his sentence up to and including 7 May 2021; (2) Allow the appeal; (3) Set aside the sentence imposed on the applicant on 3 November 2017 for the offence of conspiring to do acts in preparation of a terrorist act contrary to ss 11.5 and 101.6(1) of the Criminal Code 1995 (Cth); (4) In lieu thereof: (a) For the offence of conspiring to do acts in preparation of a terrorist act, sentence the applicant to imprisonment for a period of 16 years and 6 months commencing on 10 December 2015 and expiring on 9 June 2032; (b) Specify a non-parole period for the offence of conspiring to do acts in preparation of a terrorist act of 12 years and 6 months commencing on 10 December 2015 and expiring on 9 June 2028; (c) Note that the total sentence imposed on the applicant commenced on 18 December 2014 and will expire on 9 June 2032 and the applicant will be first eligible for release on parole on 9 June 2028; (d) Pursuant to s 105C of the Criminal Code 1995 (Cth) warn the applicant that an application may be made for a continuing detention order requiring him to be detained after the completion of his sentence. Catchwords: SENTENCING – terrorist offence – utilitarian value of plea for federal offence – Xiao error – applicant re-sentenced Legislation Cited: Counter-Terrorism Legislation Amendment (2019 Measures No 1) Act 2019 Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Criminal Code 1995 (Cth) Firearms Act 1996 Cases Cited: Alou v R [2019] NSWCCA 231 Elomar v R [2014] NSWCCA 303 Faheem Khalid Lodhi v Regina [2007] NSWCCA 360; (2007) 179 A Crim R 470 IM v R [2019] NSWCCA 107 Jinde Huang aka Wei Liu v R [2018] NSWCCA 70 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Khalid v R [2020] NSWCCA 73 Lehn v R (2016) 93 NSWLR 205; [2016] NSWCCA 255 R v Sulayman Khalid; R v Jibryl Almaouie; R v IM; R v Mohamed Rashad Al Maouie; R v Farhad Said [2017] NSWSC 1365 Xiao v R (2018) 96 NSWLR 1; [2018] NSWCCA 4 Category: Principal judgment Parties: Jibryl Almaouie (Applicant) Regina (Respondent) Representation: Counsel: TD Anderson (Applicant) BJ Power (Crown)