NSW Caselaw
Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Alou v R [2019] NSWCCA 231 Hearing dates: 19 June 2019 Date of orders: 04 October 2019 Decision date: 04 October 2019 Before: Bathurst CJ at [1]; Price J at [198]; N Adams J at [201] Decision: (1) Grant the applicant leave to appeal. (2) Appeal dismissed. Catchwords: CRIME – Terrorism offences – Aid, abet, counsel or procure the commission of terrorist act -
CRIME – Appeals – Appeal against sentence – Whether error in sentencing applicant on basis that prospects of rehabilitation were poor – Assessed prospects of rehabilitation on basis of evidence at the time
CRIME – Appeals – Appeal against sentence – Whether strong element of general or personal deterrence required
SENTENCING – Relevant factors on sentence – Deterrence – General deterrence
SENTENCING – Relevant factors on sentence – Deterrence – Personal deterrence
CRIME – Appeals – Appeal against sentence – Whether error in giving primacy to deterrence, incapacitation and retribution over rehabilitation and youth – Applicant 18 years of age – Terrorism Offence
SENTENCING – Relevant factors on sentencing – Relevance of Youth – Terrorism Offences
CRIME – Appeals – Appeal against sentence –Whether error in failing to take into account existence of continuing detention scheme for high risk terrorist offenders
HIGH RISK OFFENDERS – Continuing detention orders –High risk terrorist offenders – Relevance to sentencing
CRIME – Appeals – Appeal against sentence – Manifest excess
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