R (Cth) v Alqudsi (No 8) [2023] NSWSC 355

Supreme Court New South Wales

Medium Neutral Citation: R (Cth) v Alqudsi (No 8) [2023] NSWSC 355 Hearing dates: 18 – 22, 25 – 26 July, 2 – 5, 8, 10 – 11, 15, 22 – 23, 25-26, 29 – 31 August, 5 – 9, 12 – 15 September 2022, 2 February 2023 Decision date: 11 April 2023 Jurisdiction: Common Law Before: Rothman J Decision: (1) The offender is convicted that between about 30 August 2014 and 31 December 2014, at Sydney, in the State of New South Wales, he did intentionally direct the activities of a terrorist organisation, namely the Shura, the said organisation being a terrorist organisation, namely an organisation that was directly or indirectly preparing or fostering the doing of a terrorist act, knowing the said organisation was a terrorist organisation. That conviction is recorded. (2) The offender is sentenced to a term of imprisonment for a period of 15 years, commencing 11 November 2019 and expiring 10 November 2034, with a non-parole period of 11 years and 3 months, expiring 10 February 2031. (3) Pursuant to s 105C of the Criminal Code Act 1995 (Cth), the offender is warned that an application may be made for a continuing detention order requiring him to be detained after the completion of the sentence. Catchwords: CRIME – sentence – terrorism offence – directing a terrorist organisation – serious terrorism targets contemplated – sentence imposed Legislation Cited: Crimes Act 1914 (Cth), ss 7A, 16A, 19AB,19AG Criminal Code Act 1995 (Cth), ss 102.2, 105C Evidence Act 1995 (NSW), s 165 Cases Cited: Benbrika v R (2010) 204 A Crim R 457; [2010] VSCA 281 Lodhi v R (2007) 179 A Crim R 470; [2007] NSWCCA 360 R v Uweinat [2021] NSWSC 1256 Category: Sentence Parties: Rex (Crown) Hamdi Alqudsi (Offender) Representation: Counsel: T McDonald SC / N Roucek (Crown) M Finnane RFD QC / K Stares SC (Offender)