Said v R [2019] NSWCCA 239

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Said v R [2019] NSWCCA 239 Hearing dates: 7 June 2019 Decision date: 11 October 2019 Before: Hoeben CJ at CL at [1]; White JA at [86]; Hamill J at [94] Decision: (1) Leave is granted to the applicant to appeal against sentence. (2) The appeal is allowed. (3) The sentence imposed by Bellew J on 3 November 2017 is quashed. (4) In lieu thereof, the applicant is sentenced to imprisonment for a period of 9 years, commencing 26 May 2016 and expiring 25 May 2025, with a non-parole period of 6 years and 9 months, expiring 25 February 2023. Catchwords: CRIMINAL LAW – sentence appeal – making documents connected with preparation for a terrorist act – error in failing to have regard to the utilitarian value of the plea of guilty – need to independently re-exercise the sentencing discretion – need for such re-sentence to reflect considerations of general deterrence, protection of the community and denunciation of the offence – appeal allowed and applicant re-sentenced. Legislation Cited: Crimes Act 1914 (Cth) – Pt 1C, s 16A(2) Criminal Code 1995 (Cth) – s 101.5(1) Cases Cited: Huang v R [2018] NSWCCA 57 IM v R [2019] NSWCCA 107 Kentwell v The Queen [2014] HCA 37; 252 CLR 601 Jinde Huang aka Wei Liu v R [2018] NSWCCA 70 Faheem Khalid Lodhi v Regina [2007] NSWCCA 360; 179 A Crim R 470 R v Sulayman Khalid; R v Jibryl Almaouie; R v IM; R v Mohamed Rashad Al Maouie; R v Farhad Said [2017] NSWSC 1365 Xiao v R [2018] NSWCCA 4; 96 NSWLR 1 Texts Cited: Nil Category: Principal judgment Parties: Farhad Said – Applicant Regina (Cth) – Respondent Crown Representation: Counsel: R Pontello SC/N Bennett – Applicant N Robinson QC/M England – Respondent