R v AH [2018] NSWSC 973

Supreme Court New South Wales

Medium Neutral Citation: R v AH [2018] NSWSC 973 Hearing dates: 31 May 2018 Decision date: 22 June 2018 Jurisdiction: Common Law - Criminal Before: Latham J Decision: The offender is convicted of the offence of doing an act in preparation for, or planning a terrorist act. The offender is sentenced to 12 years' imprisonment, to date from 24 April 2016, expiring 23 April 2028. A non parole period is fixed at 9 years, expiring 23 April 2025. The offender is to be detained as a juvenile until [the date of his 21st birthday].

Pursuant to s 105A.23 of the Criminal Code, the offender is warned that an application may be made under Division 105A of the Criminal Code for a continuing detention order requiring that the offender be detained in a prison after the end of his sentence for the offence. Catchwords: SENTENCING — terrorism offences — doing an act in preparation for a terrorist act — intervention programs — juvenile offender — subjective circumstances of offender give way to community protection — specific and general deterrence. Legislation Cited: Crimes Act 1914 (NSW), s 16A(2)(a) Criminal Code (Cth), s 101.6(1), 105A.23 Cases Cited: DPP (Cth) v De La Rosa [2010] NSWCCA 194; 79 NSWLR 1 KT v R [2008] NSWCCA 51; 182 A Crim R 571 R v Alou (No. 4) [2018] NSWSC 221 R v Hearne [2001] NSWCCA 37; 124 A Crim R 451 R v Kahar [2016] 1 WLR 3156 R v Lodhi (2006) 199 FLR 364; [2006] NSWSC 691 Category: Sentence Parties: Regina (Crown) AH (Offender) Representation: Counsel: Ms W Abraham QC (Crown) Mr G James QC (Offender)