R v Alqudsi [2016] NSWSC 1227

R v Alqudsi [2016] NSWSC 1227

The offender's conduct was of moderately high seriousness because he knowingly performed important liaison, advisory and connection services for seven men intending to travel to Syria to engage in armed hostilities, with the most important role being to connect them with Mr Baryalei so they could enter Syria, obtain weapons, receive training and fight. General deterrence, denunciation and punishment were especially important, a custodial sentence was the only appropriate sentence, count 4 warranted a higher sentence because services were performed for Mr Musleh on two occasions, and totality required an overall effective sentence of 8 years with a 6-year non-parole period.

Jurisdiction
Australia
Judgment Date
01 September 2016
Procedural Posture
Criminal Sentencing / Sentence After Conviction by Jury Trial of Seven Counts
Outcome
Offender convicted on seven counts and sentenced to an overall effective sentence of 8 years' imprisonment, with a non-parole period of 6 years.
Legal Topics
['crimes (foreign Incursions and Recruitment) Act 1978 (cth)' 'assisting Persons to Enter a Foreign State to Engage in Armed Hostilities' 'general Deterrence' 'denunciation' 'totality' 'non Parole Period']
['criminal Law' 'sentencing' 'commonwealth Criminal Offences'] ['crimes (foreign Incursions and Recruitment) Act 1978 (cth)' 'assisting Persons to Enter a Foreign State to Engage in Armed Hostilities' 'general Deterrence' 'denunciation' 'totality' 'non Parole Period']

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Procedural Posture

Criminal Sentencing / Sentence After Conviction by Jury Trial of Seven Counts

Legal Issues

  1. 1 ['What sentences should be imposed for seven offences under s 7(1)(e) of the Crimes (Foreign Incursions and Recruitment) Act 1978 (Cth).' "How serious the offender's conduct was in performing services for men with the intention that they enter Syria to engage in armed hostilities." 'How totality should be applied across the seven offences, including where services for some men were provided collectively and where count 4 involved services on two occasions.' 'Whether any sentence other than imprisonment was appropriate.' 'What non-parole period should be fixed for Commonwealth offences where there is no statutory or judicially determined normal ratio between non-parole period and head sentence.']

Ratio Decidendi

The offender's conduct was of moderately high seriousness because he knowingly performed important liaison, advisory and connection services for seven men intending to travel to Syria to engage in armed hostilities, with the most important role being to connect them with Mr Baryalei so they could enter Syria, obtain weapons, receive training and fight. General deterrence, denunciation and punishment were especially important, a custodial sentence was the only appropriate sentence, count 4 warranted a higher sentence because services were performed for Mr Musleh on two occasions, and totality required an overall effective sentence of 8 years with a 6-year non-parole period.

Court Disposition

Offender convicted on seven counts and sentenced to an overall effective sentence of 8 years' imprisonment, with a non-parole period of 6 years.

Orders

  • ['In respect of the first count on the indictment: convicted; sentenced to imprisonment for 4 years commencing on 12 July 2016 and expiring on 11 July 2020.' 'In respect of the second count on the indictment: convicted; sentenced to imprisonment for 4 years commencing on 12 November 2016 and expiring on 11 November...