Regina v Lodhi [2006] NSWSC 691

Reported Decision : 199 FLR 364

New South Wales Supreme Court

CITATION : Regina v Lodhi [2006] NSWSC 691 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 19/04/06 - 19/06/06; 29/06/06; 13/07/06

JUDGMENT DATE : 23 August 2006

JUDGMENT OF : Whealy J at 1

DECISION : In relation to the second charge in the indictment I sentence you to a term of imprisonment of 20 years commencing on 22 April 2004 and expiring on 21 April 2024. In relation to count 1 in the indictment, I sentence you to a term of imprisonment of ten years. This sentence is to commence on 22 April 2004 and will expire on 21 April 2014. In relation to the third charge in the indictment, I sentence you to a term of imprisonment of ten years. This sentence should commence on 22 April 2004 and expire on 21 April 2014. The sentences in respect of counts 1 and 3 are to be served concurrently with the sentence in relation to count 1 and with each other. In relation to the three sentences, I fix a single non-parole period in respect of those sentences for 15 years commencing on 22 April 2004 and expiring on 21 April 2019.

CATCHWORDS : Criminal proceedings - Sentence - Terrorism offences - need for deterrent sentence of some length to reflect seriousness of offences

Crimes Act 1914 (Commonwealth) LEGISLATION CITED : Criminal Code ss 101.4, 101.5 and 101.6 Crimes (Internationally Protected Persons) Act 1976 (Commonwealth) Anti-Terrorism Act 2004

R v Mallah per Wood CJ at CL [2005] NSWSC 317 at para [87] Roach [2005] WASCA 4 Queen v Boutrab [2005] NICC 36 CASES CITED : Lamrani (February 2006) R v Bernier (1998) 102 A Crim R 44 R v Abu Mansha (Guardian Unlimited 29 June 2006) R v Brownlow (2004) NSWCCA 465