R v HG [2018] NSWSC 1849

Supreme Court New South Wales

Medium Neutral Citation: R v HG [2018] NSWSC 1849 Hearing dates: 30 November 2018 Date of orders: 11 December 2018 Decision date: 11 December 2018 Jurisdiction: Common Law Before: Bellew J Decision: (1) The offender is convicted of the offence of doing acts in preparation for, or planning, a terrorist act or acts. (2) The offender is sentenced to imprisonment for 16 years commencing on 12 October 2016 and expiring on 11 October 2032. (3) I specify a non-parole period of 12 years imprisonment commencing on 12 October 2016 and expiring on 11 October 2028. (4) The offender will be eligible for release on parole on 11 October 2028. (5) I am satisfied that there are special circumstances within the meaning of s 19(4)(c) of the Children (Criminal Proceedings) Act 1987 (NSW) and I order, pursuant to s 19(1) of that Act, that the sentence that I have imposed upon the offender be served by him as a juvenile offender up to his attaining the age of 21 years on 6 May 2021. (6) Pursuant to s 105C of the Criminal Code 1995 (Cth) I warn the offender that an application may be made for a continuing detention order requiring him to be detained after the completion of his sentence. Catchwords: CRIMINAL LAW – Offences – Sentence – Doing acts in preparation for a terrorist act – Offender arrested in possession of knives and camouflage clothing – Steps taken by offender in an effort to ensure that he could not be traced – Where offending motivated by an adherence to extremist ideology including a belief that the Australian Government was "evil" – Where actions of the offender were consistent with propaganda published by Islamic State – Where the commission of a terrorist act was imminent at the time of the offender's arrest – Necessity to impose a sentence which would denounce the offending and protect the community - Necessity for general deterrence