R v Lelikan (No 5) [2019] NSWSC 494

Supreme Court New South Wales

Medium Neutral Citation: R v Lelikan (No 5) [2019] NSWSC 494 Hearing dates: 18 April 2019 Decision date: 07 May 2019 Jurisdiction: Common Law Before: McCallum J Decision: The offender is convicted of the offence of membership of a terrorist organisation contrary to s 102.3(1) of the Criminal Code. Pursuant to s 8(1) of the Crimes (Sentencing Procedure) Act, instead of imposing a sentence of imprisonment, I make a community correction order for a period of 3 years from 7 May 2019. The conditions of the order are: The offender must not commit any offence; The offender must appear before a court if called on to do so at any time during the term of the order; The offender must accept the supervision of Community Corrections; The offender must undertake 500 hours of community service work; and The offender must report to Community Corrections at St Leonards as soon as practicable and no later than within seven days Catchwords: CRIME – sentencing – offence of being a member of a terrorist organisation – where offender spent over two years travelling with PKK and HPG guerrillas in the mountains of Iraq and Turkey wearing the uniform and carrying the accoutrements of those organisations including weaponry – characterisation of offending as that of a sympathetic chronicler of the events of the struggle – consideration of the nature of the PKK – Bugmy considerations – whether a sentence of full-time custodial imprisonment required Legislation Cited: Crimes Act 1900 (NSW), ss 154F, 253 Crimes Act 1914 (Cth), ss 16A, 17A(1), 20AB(1) Crimes (Foreign Incursions and Recruitment) Act 1978 (Cth) (repealed), s 6(1)(b) Crimes (Sentencing Procedure) Act, ss 8, 67, 88, 89 Criminal Code Act 1995 (Cth), Sch, ss 100.1, 102.1, 102.3(1) Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Benbrika v the Queen (2010) 29 VR 593; [2010] VSCA 281 Lelikan v Director of Public Prosecutions (Cth) [2016] NSWSC 1467 Lodhi v The Queen [2007] NSWCCA 360; 179 A Crim R 470 R v Alou (No 4) [2018] NSWSC 221; 330 FLR 402 R v Ghazzawy [2017] NSWSC 474 R v Lelikan (No 3) [2019] NSWSC 90 R v Qutami [2001] NSWCCA 353; 127 A Crim R 369 Sagacious Procurement Pty Ltd v Symbion Health Ltd [2008] NSWCA 149 Category: Sentence Parties: Regina (Crown) Renas Lelikan (offender) Representation: Counsel: P McGuire SC, R Ranken (Crown) P Boulten SC (offender)