R v Lawrence [2023] NSWSC 1428

Supreme Court New South Wales

Medium Neutral Citation: R v Lawrence [2023] NSWSC 1428 Hearing dates: 20 July 2023 Decision date: 23 November 2023 Jurisdiction: Common Law Before: Ierace J Decision: For the offence contrary to s 101.6(1) of the Criminal Code Act 1995 (Cth) and taking into account the offence contrary to s 80.2C(1) of the Criminal Code Act 1995 (Cth) pursuant to s 16BA of the Crimes Act 1914 (Cth), the offender is sentenced to a term of imprisonment for a period of 6 years, backdated to commence on 23 May 2021 and to expire on 22 May 2027, with a non-parole period of 4 years and 6 months, to expire on 22 November 2025. Catchwords: SENTENCING – Terrorism offence – Doing acts in planning or preparation for terrorist acts – Advocacy of terrorism act/offence taken into account on 16BA schedule – Where offender has not resiled from belief system of violent jihad – Poor prospects of rehabilitation – Catastrophic spinal cord injury suffered in custody – Impact of childhood deprivation and mental health diagnoses upon moral culpability Legislation Cited: Crimes Act 1914 (Cth), ss 16A,16BA, 16F, 17A, 19AG Crimes (Administration of Sentences) Act 1999 (NSW), s 10 Criminal Code Act 1995 (Cth), ss 80.2C, 101.6, 105A.23, 119.4 Cases Cited: Alou v R (2019) 101 NSWLR 319; [2019] NSWCCA 231 Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Elomar v R [2014] NSWCCA 303 Lodhi v R (2007) 179 A Crim R 470; [2007] NSWCCA 360 R v El Matari [2021] NSWSC 1260 R v Elomar [2010] NSWSC 10 Xiao v R (2018) NSWLR 1; [2018] NSWCCA 4 Category: Sentence Parties: Rex Tukiterangi Lawrence (Offender) Representation: Counsel: J Hannebery KC; R Taylor (Crown) R Wilson SC; R El-Choufani (Offender)