Al Maouie v R [2022] NSWCCA 30

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Al Maouie v R [2022] NSWCCA 30 Hearing dates: 09 February 2022 Date of orders: 07 March 2022 Decision date: 07 March 2022 Before: Payne JA at [1] Rothman J at [2] Harrison J at [5] Decision: (1) Pursuant to s 10(1)(b) of the Criminal Appeal Act 1912, extend the time for the filing of the applicant's notice of appeal to 17 September 2021. (2) Grant leave to appeal against sentence. (3) Allow the appeal against sentence. (4) Quash the sentence imposed upon the applicant by Bellew J on 3 November 2017 and in lieu thereof sentence the applicant to imprisonment for 8 years comprising a non-parole period of 6 years commencing on 23 December 2015 and expiring on 22 December 2021 with a balance of term of 2 years expiring on 22 December 2023. (5) Pursuant to s 105A.23 of the Criminal Code, the applicant is warned that an application may be made for a continuing detention order requiring him to be detained after the completion of his sentence. Catchwords: CRIMINAL LAW – appeal – appeal against sentence – making documents connected with preparation for a terrorist act – whether sentencing judge erred in failing to have regard to the utilitarian value of the plea of guilty – need independently to re-exercise the sentencing discretion Legislation Cited: Crimes Act 1914 (Cth), ss 3, 16A(2)(g), 19AG, 19ALB Criminal Appeal Act 1912 (NSW), ss 5(1)(c), 10(1)(b) Criminal Code Act 1995 (Cth), ss 11.5, 101.5(1), 101.6(1), 105C Cases Cited: Bae v R [2020] NSWCCA 35 Ghazzawy v R (Cth) [2021] NSWCCA 70 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Khalid v R (2020) 102 NSWLR 160; [2020] NSWCCA 73 Quinlan v R [2021] NSWCCA 21 R v Borkowski (2009) 195 A Crim R 1; [2009] NSWCCA 102 R v Durocher-Yvon (2003) 58 NSWLR 581; [2003] NSWCCA 299 R v Farhad Qaumi [2017] NSWSC 774 Said v R [2019] NSWCCA 239 Xiao v R [2018] NSWCCA 4 Category: Principal judgment Parties: Mohamed Al Maouie (Applicant) Crown (Respondent) Representation: Counsel: T Anderson SC (Applicant) B Power (Respondent)