NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v Khan (No 11) [2019] NSWSC 594 Hearing dates: 23 May 2019 Date of orders: 05 June 2019 Decision date: 05 June 2019 Jurisdiction: Common Law Before: Bellew J Decision: (1) The offender is convicted.
(2) The offender is sentenced to imprisonment for a period of 36 years, commencing on 10 September 2016 and expiring on 9 September 2052.
(3) I specify a non-parole period of 27 years imprisonment, commencing on 10 September 2016 and expiring on 9 September 2043.
(4) The offender will be eligible for parole on 10 September 2043 and his sentence will expire on 9 September 2052.
(5) Pursuant to s 16F of the Crimes Act 1914 (Cth) I explain to the offender that service of the sentence of imprisonment I have imposed will entail period of imprisonment of not less than 27 years and, if a parole order is made, a period of service in the community in order to complete service of the sentence.
(6) Pursuant to s 16F of the Crimes Act 1914 (Cth) I further explain to the offender that if a parole order is made, it will be subject to conditions, it may be amended or revoked and that if the offender fails, without reasonable excuse, to fulfil those conditions, he may be returned to custody.
(7) Pursuant to s 105A.23 of the Criminal Code 1995 (Cth) I warn the offender that an application may be made under Division 105A of the Code for a continuing detention order requiring him to be detained at the end of his sentence. Catchwords: CRIMINAL LAW – Offences – Sentence – Where the offender pleaded not guilty on the grounds of mental illness to the commission of a terrorist act – Where the offender was found guilty by a jury – Where the terrorist act involved a stabbing attack – Where the offender had specifically targeted the victim – Where the offending was planned – Where the offender intended to kill the victim – Offender motivated by extreme ideology – Consideration of principles applicable to sentencing for terrorism offences – Necessity for severe punishment
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