R v MO (No 1) [2016] NSWDC 144

R v MO (No 1) [2016] NSWDC 144

The offender knowingly and deliberately breached an interim control order on three occasions by using unapproved telephone services while on bail. Although the conversations were trivial, the breaches undermined control orders designed to protect the public from terrorist acts, required substantial general and personal deterrence, and made full-time custody necessary. The sentence was reduced to reflect the guilty pleas and the likely severe conditions of custody.

Jurisdiction
Australia
Judgment Date
29 January 2016
Procedural Posture
Criminal Sentence / Sentencing Following Guilty Pleas After Committal for Trial
Outcome
Offender sentenced to imprisonment for all three offences.
Legal Topics
['breach of Control Order' 'terrorism Offence' 'general Deterrence' 'personal Deterrence' 'harsh Custody Conditions' 'guilty Plea Discount']
['criminal Law' 'sentencing'] ['breach of Control Order' 'terrorism Offence' 'general Deterrence' 'personal Deterrence' 'harsh Custody Conditions' 'guilty Plea Discount']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing Following Guilty Pleas After Committal for Trial

Legal Issues

  1. 1 ['What sentence should be imposed for three admitted breaches of an interim control order by using unapproved public and mobile telephone services.' 'Whether the offending was at the lower end of objective seriousness because the telephone conversations were trivial.' "What allowance should be made for the guilty pleas and the offender's severe conditions of custody." 'Whether full-time custody was necessary having regard to general and personal deterrence.']

Ratio Decidendi

The offender knowingly and deliberately breached an interim control order on three occasions by using unapproved telephone services while on bail. Although the conversations were trivial, the breaches undermined control orders designed to protect the public from terrorist acts, required substantial general and personal deterrence, and made full-time custody necessary. The sentence was reduced to reflect the guilty pleas and the likely severe conditions of custody.

Court Disposition

Offender sentenced to imprisonment for all three offences.

Orders

  • ['For all three offences the offender is sentenced to imprisonment to date from 23 December 2014.' 'A head sentence of two and a half years imprisonment is set.' 'The offender is to be released pursuant to a reconnaissance release order after serving 18 months.' 'The offender is to be released on 22 June 2016.']