R v Taleb [2022] NSWSC 888

Supreme Court New South Wales

Medium Neutral Citation: R v Taleb [2022] NSWSC 888 Hearing dates: 07 June 2022 Date of orders: 07 June 2022 Decision date: 07 June 2022 Jurisdiction: Common Law - Criminal Before: Hamill J Decision: (1) On the offender's admissions and the evidence tendered by the prosecution, the breaches of the recognizance order previously made under s 20(1)(a) of the Crimes Act 1914 (Cth) are established. (2) Pursuant to s 20A(5), the recognizance order previously made under s 20(1)(a) of the Crimes Act 1914 (Cth) made on 14 June 2019 is revoked. (3) The offender is subject to a Community Corrections Order pursuant to s 8 of the Crimes (Sentencing Procedure) Act 1999 (NSW) for a period of 3 years commencing today, 7 June 2022. (4) The Community Corrections Order is subject to the following conditions: (a) The offender must not commit any offence. (b) The offender is to appear before the Court if called upon to do so at any time during the period of the Community Corrections Order. (c) The offender is to submit to supervision by a Community Corrections officer. (d) The offender is to report to the nearest office of Community Corrections to his home within seven days of his release from custody. (e) The offender is to attend on psychological and other counselling directed at "de-radicalistion", or similar such counselling as directed by his Community Corrections officer. (f) The offender is to receive treatment from a psychologist or psychiatrist in accordance with the reasonable directions of the Community Corrections officer, including: i. attending appointments arranged by his Community Corrections officer. ii. taking medications recommended by the medical practitioner or psychiatrist arranged by his Community Corrections officer. (g) The offender is to comply with the conditions of any existing Community Treatment Order under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW). (h) The offender is not to: i. use the messaging application known as Telegram. ii. access websites or applications of similar concern with, or controlled by, the Islamic State, Al Qaeda or any other organisation practising or supporting radical Islam or terrorism. (i) The offender is to provide a list of all electronic devices to which he has access and which are capable of accessing the Internet and must notify his Community Corrections officer of any new device he acquires during the period of the Community Corrections Order. (j) The offender is to consent to inspection of his electronic devices by his Community Corrections officer and to provide any necessary password base or fingerprint identification to facilitate such inspection. Catchwords: SENTENCING – penalties – recognizance – breach – re-sentencing for foreign incursion offences – community safety – principles of proportionality and totality – whether there is any alternative to a sentence of imprisonment – need for supervision, medical treatment and de-radicalisation – imposition of Community Corrections Order Legislation Cited: Crimes Act 1914 (Cth), ss 20(1), 20A, 20AB Crimes (Sentencing Procedure) Act 1999 (NSW), s 8 Criminal Code 1995 (Cth), s 119.4 Drug Misuse and Trafficking Act 1985 (NSW), s 10(1) Firearms Act 1996 (NSW), ss 39(1)(a), 62(1)(b), 66(1)(b), 74(1), 74(3) Cases Cited: R v Taleb (No 5) (Sentence) [2019] NSWSC 720 Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14 Category: Sentence Parties: Regina (Plaintiff) Moudasser Taleb (Defendant) Representation: Counsel: S Duggan (Plaintiff) T Spohr (Defendant)