R v Pender [2019] NSWSC 1814

Supreme Court New South Wales

Medium Neutral Citation: R v Pender [2019] NSWSC 1814 Hearing dates: 28 November 2019 Date of orders: 18 December 2019 Decision date: 18 December 2019 Before: Harrison J Decision: (1) For the offence of threatening a judicial officer contrary to s 326(1)(b) of the Crimes Act 1900, sentenced to a fixed term of imprisonment of 6 months commencing on 14 June 2017 and expiring on 13 December 2017. (2) For the offence of possessing a knife connected with a terrorist act contrary to s 101.4(1) of the Criminal Code, sentenced to a non-parole period of imprisonment of three years commencing on 14 September 2017 and expiring on 13 September 2020 with a balance of term of 1 year expiring on 13 September 2021. (3) The first day upon which Mr Pender will become eligible for release on parole is 14 September 2020. (4) Warn Mr Pender that an application may be made for an order requiring him to be detained in prison after the end of his sentence. Catchwords: CRIMINAL LAW – sentence – where offender pleaded guilty to possessing a thing connected with a terrorist act – where offender also pleaded guilty to threatening a judicial officer – where mental illness contributed to offending – where offences lie at the lower end of the scale of objective seriousness – where offender now adheres to Judaism – whether offender poses risk of reoffending Legislation Cited: Crimes Act 1900 (NSW), s 326(1)(b) Crimes Act 1914 (Cth), ss 16A, 16A(2)(m) Criminal Code 1995 (Cth), ss 101.4(1), 105A.23 Criminal Code Amendment (High Risk Terrorist Offenders) Act 2016 (Cth), s 105A.23 Criminal Procedure Act 1986 (NSW), s 166 Cases Cited: DPP v Fattal [2013] VSCA 276 Hammond v R [2008] NSWCCA 138 Lodhi v R (2007) 179 A Crim R Porter v R [2008] NSWCCA 145 R v Benbrika (2009) 222 FLR 433 R v Sharrouf [2009] NSWSC 1002 Wong v The Queen; Leung v The Queen (2001) 207 CLR 584; [2001] HCA 64 Category: Sentence Parties: Regina (Crown) Blake Nicholas Pender (Offender) Representation: Counsel: P McDonald SC with M Glover (Crown) J Gallagher (Offender)