Regina (CTH) v Ahmad Saiyer Naizmand [2017] NSWDC 4

District Court New South Wales

Medium Neutral Citation: Regina (CTH) v Ahmad Saiyer Naizmand [2017] NSWDC 4 Hearing dates: 13 December 2016 Date of orders: 02 February 2017 Decision date: 02 February 2017 Jurisdiction: Criminal Before: Judge AC Scotting Decision: 1 The offender is convicted of each offence. 2 Sections 19AB and 19AG of the Act apply to this case. 3 In relation to Contravention 1 the offender is sentenced to imprisonment for 9 months to commence on 29 February 2016 and expire on 28 November 2016. 4 In relation to Contravention 2 the offender is sentenced to imprisonment for 12 months to commence on 29 August 2016 and expire on 28 August 2017. 5 In relation to Contravention 3 the offender is sentenced to imprisonment for 12 months to commence on 29 May 2017 and expire on 28 May 2018. 6 In relation to Contravention 4 the offender is sentenced to imprisonment for 15 months to commence on 28 February 2018 and expire on 27 May 2019. 7 In relation to Contravention 5 the offender is sentenced to imprisonment for 15 months to commence on 29 November 2018 and expire on 28 February 2020. 8 I fix a single non-parole period of 3 years to date from 29 February 2016 and to expire on 28 February 2019. Catchwords: CRIMINAL LAW – offence - plea of guilty – breach of control order – accessing the internet – accessing promotional and propaganda material relating to a terrorist organisation SENTENCE – mitigating factors – aggravating factors – circumstances – objective seriousness – specific deterrence – general deterrence – appropriate penalty SENTENCE PRINCIPLES – parity – totality – community values – remorse – contrition – onerous penalty – criminal responsibility – onerous conditions of custody – single non-parole period – prospects of rehabilitation Legislation Cited: Crimes Act 1914 (CTH) ss. 16A, 16A, 16A(1), 16A(2), 17A(1), 19AB, 19AG Criminal Code Act 1995 (CTH) ss.104.1, 104.4, 104.27 Cases Cited: R v El Karhani (1990) 21 NSWLR 370 Johnson v The Queen (2004) 78 ALJR 161 R v Touma [2008] NSWSC 1475 R v MO (No 1) [2016] NSWDC 144 R v MO (no 2) [2016] NSWDC 145 R v Martin 91999) Cr App R 477 Cameron v The Queen (2002) 209 CLR 399 Danial v R [2008] NSWCCA 15 Lee v R [2012] NSWCCA 123 Category: Sentence Parties: Regina (CTH) (Crown) Ahmad Saiyer Naizmand (Offender) Representation: Counsel: Mr E Ozen (Offender)