Faheem Khalid Lodhi v Regina [2007] NSWCCA 360

Appeal Outcome: Special leave refused by the High Court - 13 June 2008

New South Wales Court of Criminal Appeal

CITATION: Faheem Khalid Lodhi v Regina [2007] NSWCCA 360

HEARING DATE(S): 5 November 2007, 6 November 2007

JUDGMENT DATE: 20 December 2007

JUDGMENT OF: Spigelman CJ at 1; Barr J at 112; Price J at 215

DECISION: Appeal against conviction dismissed. Leave granted to appeal against sentence; appeal dismissed.

CATCHWORDS: Criminal law – collecting documents connected with preparation for a terrorist act – doing an act in preparation for a terrorist act – possessing a thing connected with preparation for a terrorist act - Criminal law – indictment – particulars – whether indictment lacked particularity - Criminal law – indictment – duplicity – whether indictment duplicitous - National security information – orders prohibiting disclosure – risk of prejudice to national security – whether test for risk of prejudice usurps judicial power – whether test unconstitutional - Admissibility of evidence – evidence of association of accused person and trained terrorist – whether evidence had probative value – whether inference of intent available from association – whether risk of unfair prejudice outweighed probative value - Admissibility of evidence of identification by photograph of a person not the accused – fairness of identification procedure – whether risk of unfair prejudice outweighed probative value - Evidence adduced on appeal – whether fresh – whether cogent - Collecting documents connected with preparation for a terrorist act – doing an act in preparation for a terrorist act – possessing a thing connected with preparation for a terrorist act – whether Crown must prove that at the time of the collection, the action or the possession the accused has determined when how where or by whom the terrorist act might be carried out - Terrorism – culpability for preparatory acts short of attempt - Sentencing - acts preparatory to terrorist acts - protection of the community - Criminal law – sentence - whether assessment of objective seriousness of offence flawed - whether sufficient weight given to custodial conditions – whether head sentence should have been reduced – whether sentence manifestly excessive