R v Musleh (No 5) [2018] NSWSC 1927

R v Musleh (No 5) [2018] NSWSC 1927

The offender willingly performed services that helped Biber, Temel and Casey travel from Sydney to the Syria/Turkey border with the intention of supporting or promoting their entry into Syria to engage in armed hostilities, and his own preparatory conduct under s 7(1)(a) was to be taken into account under s 16BA. Although his conduct was below the mid-range of objective seriousness, he was not merely Alqudsi's puppet and general deterrence, denunciation and punishment required full-time imprisonment. His youth, immaturity, good rehabilitation prospects, strict bail conditions, family circumstances, lack of need for specific deterrence and 15% utilitarian discount for the guilty plea...

Jurisdiction
Australia
Judgment Date
13 December 2018
Procedural Posture
Criminal Sentencing / Sentence Following Plea of Guilty
Outcome
Offender convicted and sentenced to imprisonment with a recognizance release order.
Legal Topics
['assisting Others to Enter Syria to Engage in Armed Hostilities' 'foreign Incursions' 'plea of Guilty' 'youth and Immaturity' 'delay in Charging' 'rehabilitation' 'general Deterrence' 'recognizance Release Order']
['criminal Law' 'sentencing'] ['assisting Others to Enter Syria to Engage in Armed Hostilities' 'foreign Incursions' 'plea of Guilty' 'youth and Immaturity' 'delay in Charging' 'rehabilitation' 'general Deterrence' 'recognizance Release Order']

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Procedural Posture

Criminal Sentencing / Sentence Following Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for an offence against s 7(1)(e) of the Crimes (Foreign Incursions and Recruitment) Act 1978 (Cth) of performing services to promote or support foreign hostile activities.' "What weight should be given to the offender's age, immaturity, delay in charging, prospects of rehabilitation, guilty plea, lack of proven contrition, and onerous bail conditions." 'How the Form Offence under s 7(1)(a) of the Crimes (Foreign Incursions and Recruitment) Act 1978 (Cth), placed before the Court under s 16BA of the Crimes Act 1914 (Cth), should be taken into account.' 'Whether general deterrence, denunciation and punishment required a sentence involving full-time custody.']

Ratio Decidendi

The offender willingly performed services that helped Biber, Temel and Casey travel from Sydney to the Syria/Turkey border with the intention of supporting or promoting their entry into Syria to engage in armed hostilities, and his own preparatory conduct under s 7(1)(a) was to be taken into account under s 16BA. Although his conduct was below the mid-range of objective seriousness, he was not merely Alqudsi's puppet and general deterrence, denunciation and punishment required full-time imprisonment. His youth, immaturity, good rehabilitation prospects, strict bail conditions, family circumstances, lack of need for specific deterrence and 15% utilitarian discount for the guilty plea...

Court Disposition

Offender convicted and sentenced to imprisonment with a recognizance release order.

Orders

  • ['The offender is convicted of the count on the indictment.' 'The offender is sentenced to a term of imprisonment of 2 years and 1 month commencing on 13 August 2018 and expiring on 12 September 2020.' 'Make a recognizance release order pursuant to s 20(1)(b) of the Crimes Act 1914 (Cth) directing that on 12 August...