R v EB [2018] NSWSC 201

Supreme Court New South Wales

Medium Neutral Citation: R v EB [2018] NSWSC 201 Hearing dates: 13 December 2017 & 2 February 2018 Date of orders: 02 March 2018 Decision date: 02 March 2018 Jurisdiction: Common Law - Criminal Before: Davies J Decision: For the offence contrary to s 119.4(5) of the Criminal Code of intentionally performing services for Amin Elmir with the intention of supporting the commission by him of an offence against s 119.1, and taking into account the offence contrary to s 119.4(1) of the Criminal Code of committing acts in preparation for incursions into a foreign country for the purpose of engaging in hostile activities, the offender is sentenced to a term of imprisonment for two years and three months commencing 3 November 2016 and expiring 2 February 2019 with a non-parole period of one year eight months and one week expiring 9 July 2018. Catchwords: CRIMINAL LAW – sentence – foreign incursion offences – ss 119.1 and 119.4 Criminal Code (Cth) - offender performed services for another with the intention of supporting the commission by them of an offence against incursions into a foreign country for the purpose of engaging in hostile activities – s 16BA offence – offender doing preparatory acts for incursion into a foreign country for the purpose of engaging in hostile activities - offending underpinned by an adherence to extremist ideology – offender made telephone calls to obtain assistance for co-offender to cross from Turkey to Syria – no assistance obtained - low level of objective seriousness – weight given to subjective circumstances – offender aged 16 and 17 at time of offending - acts preparatory to foreign incursion distinguished from terrorist acts directed less remotely towards the Australian community – risk of re-offending – lack of developed risk assessment protocols based on actuarial studies