Homewood v R [2023] NSWCCA 159

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Homewood v R [2023] NSWCCA 159 Hearing dates: 15 May 2023 Decision date: 30 June 2023 Before: Beech-Jones CJ at CL at [1]; Ierace J at [9]; Cavanagh J at [78] Decision: (1) Grant leave to appeal. (2) Allow the appeal. (3) Quash the sentences imposed in the District Court by Colefax SC DCJ on 3 February 2023. (4) Resentence the applicant as follows: (a) For the terrorism offence, impose a term of imprisonment of 2 years and 4 months, backdated to commence on 23 November 2021 and to expire on 22 March 2024, with a non-parole period of 1 year and 9 months, to expire on 22 August 2023. (b) For the ammunition offence, impose a fixed-term sentence of imprisonment of 5 months, backdated to commence on 23 November 2021 and to expire on 22 April 2022. Catchwords: CRIME – Appeals – Appeal against sentence – Advocating terrorism and related offence of failing to lawfully store ammunition – Where notional starting point for ammunition offence equivalent to maximum penalty – Whether sentence manifestly excessive – Whether lesser sentence warranted CRIME – Appeals – Appeal against sentence – Advocating terrorism – Where advocating terrorism a minimum non-parole offence – Whether intensive correction order (ICO) an available sentencing option – Whether an ICO is a sentence or order that "involves" imprisonment for the purposes of s 20AB(6) Crimes Act 1914 (Cth) – Whether 20AB(1A) permits an ICO to be made for federal offence without first imposing a sentence of imprisonment pursuant to s 7 of the Crimes (Sentencing Procedure) Act 1999 (NSW) Legislation Cited: Acts Interpretation Act 1901 (Cth) Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1914 (Cth) Criminal Code Act 1995 (Cth) Criminal Procedure Act 1986 (NSW) Firearms Act 1996 (NSW) Judiciary Act 1903 (Cth) Cases Cited: Al Am Ali v R [2021] NSWCCA 281 Commonwealth Director of Public Prosecutions v Joyce [2022] FCA 1423 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Mandranis v R (2021) 289 A Crim R 260; [2021] NSWCCA 97 Mourtada v The Queen [2021] NSWCCA 211; (2021) 290 A Crim R 514 R v Pogson (2012) 82 NSWLR 60; [2012] NSWCCA 225 R v Togias (2001) 127 A Crim R 23; [2001] NSWCCA 522 Stanley v Director of Public Prosecutions (NSW) (2023) 97 ALJR 107; [2023] HCA 3 The Queen v Kilic (2016) 259 CLR 256; [2016] HCA 48 Category: Principal judgment Parties: Wade Homewood (Applicant) Rex (Respondent) Representation: Counsel: S J Odgers SC (Applicant) P R McGuire SC (Respondent)