R v J Lucas [2022] NSWSC 1206

Supreme Court New South Wales

Medium Neutral Citation: R v J Lucas [2022] NSWSC 1206 Hearing dates: 25 August 2022 Decision date: 09 September 2022 Jurisdiction: Common Law Before: Button J Decision: (1) Joshua Bruce Lucas, you are convicted of the offence of advocating a terrorist act. (2) You are sentenced to imprisonment for 2 years that commenced on 14 March 2020 and expired on 13 March 2022, with a non-parole period of 1 year 6 months that expired on 13 September 2021. Catchwords: CRIMINAL LAW – Offences – Sentence –Intentionally advocating a terrorist act – Application of Commonwealth sentencing principles – Serious offending constituting course of conduct over one year – Offender ideologically motivated by right-wing extremism – Offender 21 years old at time of offending – No previous criminal history – Offending inextricably linked to deprived and unsatisfactory upbringing – Offender experiencing most restrictive and isolating form of custody during Covid-19 pandemic – No evidence of renunciation or remorse – Strong inference available of regret for offending – Guarded prospects of rehabilitation Category: Sentence Parties: Rex Joshua Lucas (Offender) Representation: Counsel: R Taylor (Crown) M Avenell SC (Offender)

Solicitors: Solicitor for Public Prosecutions (Cth) (Crown) Legal Aid NSW (Offender) File Number(s): 2020/82674

JUDGMENT

Introduction 1. On 7 March 2022, Mr Joshua Lucas (the offender) was arraigned in the Supreme Court sitting at Parramatta before a jury panel and me on an indictment averring two counts against him. The first alleged (in short) that he had done acts in preparation for or planning a terrorist act or acts. The second was an allegation that he had sincerely advocated the doing of a terrorist act by another person, appreciating the substantial risk that another person may act upon that advocacy. The indictment also contained a third count alleging an offence by another person, but that need not be further discussed. 2. At the conclusion of the trial on 27 June 2022, the jury could not come to a unanimous verdict on the first count. I understand that the offender will stand trial again on it later next year. On the second count, however, the jury had returned a unanimous verdict of guilty on 15 June 2022. 3. It now falls to me to sentence the offender for that offence. It carries a maximum penalty of imprisonment for five years, no standard non-parole period, and no mandatory minimum term. 4. My findings of fact must be consistent with the jury verdict, including the direction that I had given to the jury that they could not return a verdict of guilty unless all unanimously satisfied that the offender had, on at least one particular occasion, sincerely advocated the doing of a terrorist act. 5. In accordance with well-established sentencing principles, disputed aggravating features above and beyond the elements of the offence must be proven beyond reasonable doubt; mitigating features need only be proven on the balance of probabilities; and it is perfectly possible that some matters will remain obscure.