R v Biber [2023] NSWDC 292

District Court New South Wales

Medium Neutral Citation: R v Biber [2023] NSWDC 292 Hearing dates: 11 May 2023 Date of orders: 15 May 2023 Decision date: 15 May 2023 Jurisdiction: Criminal Before: Buscombe DCJ Decision: A 2-year Community Corrections Order is imposed commencing 15 May 2023 and expiring on 14 May 2025. Conditions of the CCO are contained at [51]. Catchwords: CRIMINAL LAW – COMMONWEALTH – SENTENCE – Contravention of Control Order Legislation Cited: Criminal Code Act 1995 (Cth) Crimes Act 1914 (Cth) Category: Sentence Parties: Director of Public Prosecutions (Cth) (Crown) Mehmet Biber (Offender) Representation: Counsel: Mr Baldeo (Crown) R Khalilizadeh (Offender)

Solicitors: Solicitor for Director of Public Prosecutions (Cth) Sydney City Crime (Offender) File Number(s): 2022/124203

SENTENCE 1. Mr Biber will have a wait to find out what the sentence is as there are a number of matters I need to put on the record before I can tell him what the sentence is. 2. The offender, Mr Biber, stands to be sentenced having pleaded guilty to the following charge: That between about 2 October 2021 and 30 April 2022 at Sydney and elsewhere, he did, knowingly or believing or being reckless as to the fact that a control order was in force in relation to him, intentionally contravened the order. 1. That is an offence under s 104.27 of the Commonwealth's Criminal Code and has a maximum penalty of five years' imprisonment. The offence is a Commonwealth offence and the offender is to be sentenced in accordance with the Commonwealth's Crimes Act and in particular, having regard to Part 1B of that legislation and the terms of section 16A of the Act and the fact that this offence is a terrorism offence.