NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Hatahet [2022] NSWDC 765 Hearing dates: 7 October 2022 Date of orders: 2 December 2022 Decision date: 02 December 2022 Jurisdiction: Criminal Before: Baker SC DCJ Decision: (1) The offender is convicted of the count on the indictment. (2) The offender is sentenced to a term of imprisonment, consisting of a non‑parole period of three years, commencing from 24 August 2020 and a head sentence of five years, which expires on 23 August 2025. Catchwords: CRIME — sentencing — offence under Crimes (Foreign Incursions and Recruitment) Act 1978 (Cth), s 6 — engaging in hostile activity in foreign country — general and specific deterrence — onerous custodial conditions Legislation Cited: Crimes Act 1914 (Cth), ss 16A, 19AB Crimes (Foreign Incursions and Recruitment) Act 1978 (Cth), s 6 Cases Cited: Farden v The Attorney-General (Qld) (2004) 223 CLR 575 Hili v The Queen; Jones v The Queen (2010) 242 CLR 520 Power v The Queen (1974) 131 CLR 623 R v Biber [2018] NSWSC 535 The Queen v Olbrich (1999) 199 CLR 270 Weininger v The Queen (2003) 212 CLR 629 Xiao v R [2018] NSWCCA 4 Category: Sentence Parties: Fayez Hatahet (the offender) Commonwealth Director of Public Prosecutions (the Crown) Representation: Counsel: Mr Evers (the offender) Mr Williams (the Crown)
Solicitors: Ms Hedberg (the offender) Mr Maxwell-Cullen (the Crown) File Number(s): 2020/00123568
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