R v Al-Kutobi; R v Kiad [2016] NSWSC 1760

Supreme Court New South Wales

Medium Neutral Citation: R v Al-Kutobi; R v Kiad [2016] NSWSC 1760 Hearing dates: 12-16 September 2016, 7 October 2016 Date of orders: 09 December 2016 Decision date: 09 December 2016 Before: Garling J Decision: (1) Mr Al-Kutobi is sentenced, for the offence contrary to ss 101.6(1) and 11.5(1) of the Criminal Code of conspiring to commit an act or acts in preparation for or planning a terrorist act, to a term of imprisonment of 20 years to commence from 10 February 2015, and to conclude on 9 February 2035. I fix a non-parole period of 15 years, commencing on 10 February 2015 and expiring on 9 February 2030.

(2) Mr Kiad is sentenced, for the offence contrary to ss 101.6(1) and 11.5(1) of the Criminal Code of conspiring to commit an act or acts in preparation for or planning a terrorist act, to a term of imprisonment of 20 years to commence from 10 February 2015, and to conclude on 9 February 2035. I fix a non-parole period of 15 years, commencing on 10 February 2015 and expiring on 9 February 2030. Catchwords: CRIMINAL LAW – sentencing – conspiring to do an act in preparation for or planning a terrorist act – Criminal Code 1995 (Cth) ss 11.5 and 101.6 – where plea of guilty entered but facts of offending in dispute – whether offenders were preparing or planning to use a bladed weapon to kill or cause serious physical harm to an individual – consideration of objective seriousness – consideration of subjective circumstances of the offenders – role of deterrence and community protection – whether differential sentences warranted Legislation Cited: Crimes Act 1914 (Cth) Criminal Code Act 1995 (Cth) The Criminal Code 1995 (Cth) Cases Cited: Filippou v The Queen [2015] HCA 29; (2015) 89 ALJR 776 Tyler v The Queen [2007] NSWCCA 247; (2007) 173 A Crim 458 Texts Cited: Not Applicable Category: Sentence Parties: The Crown Omar Al-Kutobi (Offender) Mohammad Kiad (Offender) Representation: Counsel: P Neil SC / T D Anderson (Crown) M Pickin (Mr Kiad) G Scragg (Mr A-Kutobi)