R v Khaled Khayat; R v Mahmoud Khayat (No 14) [2019] NSWSC 1817

Supreme Court New South Wales

Medium Neutral Citation: R v Khaled Khayat; R v Mahmoud Khayat (No 14) [2019] NSWSC 1817 Hearing dates: 9 and 10 December; 17 December 2019 Date of orders: 17 December 2019 Decision date: 17 December 2019 Jurisdiction: Common Law - Criminal Before: Adamson J Decision: Khaled Khayat (1) You are convicted of the count on the indictment.

(2) I sentence you to a term of imprisonment of 40 years commencing on 29 July 2017 and expiring on 28 July 2057.

(3) I fix a non-parole period of 30 years' imprisonment, commencing on 29 July 2017 and expiring on 28 July 2047.

(4) I warn you that an application may be made for a continuing detention order requiring you to be detained in prison after the end of your sentence.

Mahmoud Khayat (1) You are convicted of the count on the indictment.

(2) I sentence you to a term of imprisonment of 36 years, commencing on 29 July 2017 and expiring on 28 July 2053.

(3) I fix a non-parole period of 27 years' imprisonment commencing on 29 July 2017 and expiring on 28 July 2044.

(4) I warn you that an application may be made for a continuing detention order requiring you to be detained in prison after the end of your sentence. Catchwords: SENTENCING – conspiracy to do acts in preparation for terrorist act – very serious offence because of the intention to kill on large scale – lengthy custodial sentence required – bomb plot and poisonous gas plot both significant potential terrorist events – achieved objective even though conspiracy interrupted by arrest of the offenders before their purpose achieved Legislation Cited: Crimes Act 1914 (Cth), ss 3, 16A, 16E, 16AC, 17A, 19AG, 19AK Criminal Code (Cth), ss 11.5, 100.1, 101.6, 105A.23 Migration Act 1958 (Cth), ss 501, 501CA Cases Cited: Alou v R [2019] NSWCCA 231 Cheung v The Queen (2001) 209 CLR 1; [2001] HCA 67 Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45 Kristensen v R [2018] NSWCCA 189 Lodhi v R [2007] NSWCCA 360; (2007) 179 A Crim R 470 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 The Queen v Kilic (2016) 259 CLR 256; [2016] HCA 48 The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54 Weininger v The Queen (2003) 212 CLR 629; [2003] HCA 14 Category: Sentence Parties: Regina Khaled Mahmoud Khayat Mahmoud Khayat Representation: Counsel: L Crowley QC/Y Shariff (Trial counsel and written submissions on sentence) (Crown) R Maidment QC/Y Shariff (Sentence) (Crown) R Pontello SC (Accused Khaled Khayat trial) R Pontello SC/N Bennett (Offender Khaled Khayat sentence) B Walmsley QC (Accused Mahmoud Khayat trial) M Finnane QC (Offender Mahmoud Khayat sentence)