R v Ghazzawy [2017] NSWSC 474

Supreme Court New South Wales

Medium Neutral Citation: R v Ghazzawy [2017] NSWSC 474 Hearing dates: 26 April 2017 Date of orders: 08 May 2017 Decision date: 08 May 2017 Jurisdiction: Common Law Before: Bellew J Decision: (1) The offender is convicted. (2) The offender is sentenced to imprisonment for a period of 8 years and 6 months commencing on 15 December 2015 and expiring on 14 June 2024. (3) I specify a single non-parole period of 6 years and 4 months commencing on 15 December 2015 and expiring on 14 April 2022. Catchwords: CRIMINAL LAW – Offences – Sentence – Making documents connected with preparation for a terrorist act knowing of the connection – Where documents which were partly compiled by the offender set out a plan to attack two specifically identified targets – Offender aged 18 at the time and aged 21 at the time of sentence – Plea of guilty – Where plea was evidence of some contrition – Need for any sentence to reflect considerations of general deterrence, protection of the community and denunciation of the offence.

CRIMINAL LAW – Practice and procedure – Where report from psychologist tendered on behalf of the offender on sentence – Report contained statements made by the offender to the psychologist regarding the circumstances of the offending and the renunciation of his extremist beliefs – Where offender did not give sworn evidence – Limited weight given to hearsay statements and opinions of psychologist based on those statements in the absence of sworn evidence from the offender – Where the plea of guilty and the offender's expressed desire to enrol in a remedial program could be taken as some cautious indication of a move away from previously held extremist beliefs Legislation Cited: Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Code 1995 (Cth) Cases Cited: Benbrika v R (2010) 29 VR 593; [2010] VSCA 281 BP v R [2010] NSWCCA 159; (2010) 201 A Crim R 379; Cameron v R (2002) 209 CLR 339; [2002] HCA 6 Cappis v R [2015] NSWCCA 138 Elomar v R [2014] NSWCCA 303; (2014) 300 FLR 323 HJ v R [2014] NSWCCA 21 JM v R [2012] NSWCCA 83; (2012) 223 A Crim R 55 KT v R [2008] NSWCCA 51; (2008) 182 A Crim R 571 Lodhi v R [2007] NSWCCA 360; (2007) 179 A Crim R 470 Markarian v R (2005) 228 CLR 357; [2005] HCA 25 PK v R [2012] NSWCCA 263 R v Benbrika [2009] VSC 21; (2009) 222 FLR 433 R v Elomar and ors [2010] NSWSC 10; (2010) 264 ALR 759 R v Kahar; R v Ziamani [2016] 1 WLR 3156; [2016] EWCA Crim 568 R v Khazaal [2009] NSWSC 1015 R v Martin (1999) 1 Cr App Rep (S) 477 R v Olbrich (1999) 199 CLR 270; [1999] HCA 54 R v Qutami [2001] NSWCCA 353; (2001) 127 A Crim R 369 R v Rahme; R v Mohammed [2008] 4 All E R 661; [2008] EWCA Crim 1465 R v Sharrouf [2009] NSWSC 1002 R v Thomson; R v Houlton (2009) 49 NSWLR 383; [2009] NSWCCA 309 R v Touma [2008] NSWSC 1475 Tyler v R [2007] NSWCCA 247; (2007) 173 A Crim R 458 Weininger v The Queen (2003) 212 CLR 629; [2003] HCA 14 Wong v R (2001) 207 CLR 584 Category: Sentence Parties: Regina – Crown Ibrahim Ghazzawy - Offender Representation: Counsel: N Robinson QC and M England – Crown G R James QC – Offender