Regina (C'Wealth) v Touma [2008] NSWSC 1475

New South Wales Supreme Court

CITATION : Regina (C'Wealth) v Touma [2008] NSWSC 1475

HEARING DATE(S) : 12/09/08; 10/10/08

JUDGMENT DATE : 24 October 2008

JUDGMENT OF : Whealy J at 1

DECISION : Mazen Touma, in relation to the first charge in the indictment, I sentence you to a term of imprisonment of 14 years commencing on 8 November 2005 and expiring on 7 November 2019. In relation to count 2 in the indictment, I sentence you to a term of imprisonment for 14 years. This sentence is to commence on 8 November 2005 and will expire on 7 November 2019. In relation to the third charge in the indictment, I sentence you to a term of imprisosnment for 8 years. This sentence should commence on 8 November 2005 and expire on 7 November 2013. In relation to the fourth charge in the indictment, I sentence you to a term of imprisonment for 8 years. This sentence should commence on 8 November 2005 and expire on 7 November 2013. The sentences sin respect of counts 2, 3 and 4 are to be served concurrently with the sentence in relation to count 1, and with each other. In relation to the four sentences, I fix a single non-parole period in respect of those sentences for 10 years and 6 months comme4ncing on 8 November 2005 and expiring on 7 May 2016.

CATCHWORDS : CRIMINAL LAW - Sentence - Terrorism offences - Principles applicable - Plea at the earliest opportunity - Co-operation by legal representatives - need for general detterence and protection of the community - Failure of accused to give evidence in sentencing proceedings - Weight to be given to statements in forensic psychologist's report

LEGISLATION CITED : Crimes Act 1914 (Cth) Criminal Code Act 1995

El Karhani (1990) 21 NSWLR 370 Faheem Khalid Lodhi v Regina [2007] NSWCCA 360 at [81] per Spigelman CJ Johnson v The Queen [2004] HCA 15; [2004] 78 ALJR 616 at [15] Markarian v R [2005] HCA 25; [2005] 215 ALR 213 at [39] R v Barot [2007] EWCA Crim 1119 at [45] CASES CITED : R v Cameron [2002] 209 CLR 339 at [11] R v Lodhi [2006] 199 FLR 364 R v Martin (1999) 1 Cr App R (477 at 480) R v Paull (1990) 20 NSWLR 47 R v PB [2008] NSWCCA 109 at (30) R v Qutami [2001] NSWCCA 353 per Smart AJ at [58] Tyler v R; R v Chalmers [2007] NSWCCA 247 at (110) and (111)