NSW Caselaw
New South Wales Supreme Court
CITATION : Regina (C'Wealth) v Mulahalilovic [2009] NSWSC 1010 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 24/10/08; 09/01/09
JUDGMENT DATE : 30 January 2009
JUDGMENT OF : Whealy J at 1
DECISION : Mirsad Mulahalilovic, in relation to the charge in the indictmebnt, you are convicted and I senetnce you to a term of imprisonment of 4 years and 8 months commencing on 8 November 2005 and expiring on 7 July 2010. I fix a non-parole period in respect of the sentence for 3 years and 6 months, commencing on 8 November 2005 and expiring on 7 May 2009.
CATCHWORDS : CRIMINAL LAW - Sentence - Terrorism offence - Recklessness- Principles applicable - Protection of the community
LEGISLATION CITED : Crimes Act 1914 (Cth) Commonwealth 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] R v Barot [2007] EWCA Crim 1119 at [45] CASES CITED : R v Cameron [2002] 209 CLR 339 at (11) and following 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) Tyler v R; R v Chalmers [2007] NSWCCA 247 at (110-111)
PARTIES : Regina v Mirsad Mulahalilovic
FILE NUMBER(S) : SC 2007/2454001
COUNSEL : G Bellew SC; S McNaughton - Crown G Turnbull SC; A Djemal - Offender
SOLICITORS : C'Wealth DPP - Crown Lawyers Corporation Ltd - Offender
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