R v HG [2018] NSWSC 1849

R v HG [2018] NSWSC 1849

The offender's conduct was at about the mid-range of objective seriousness because he had deliberately sourced Islamic State propaganda advocating knife attacks, acquired and concealed fixed-blade and partially serrated knives, carried clothing and items capable of disguise, took steps to avoid being traced, possessed a pledge of allegiance note, and was near a police station and court house where he regarded government-connected persons as evil. A terrorist act involving knife-inflicted harm was imminent. Although the offender was 16 years and 5 months old and had no criminal history, his conduct was planned, adult-like and serious, and general deterrence, denunciation and community...

Jurisdiction
Australia
Judgment Date
11 December 2018
Procedural Posture
Criminal Sentence for Doing Acts in Preparation For, or Planning, a Terrorist Act or Acts / Sentence After Jury Verdict of Guilty
Outcome
Offender convicted and sentenced to imprisonment for 16 years with a non-parole period of 12 years.
Legal Topics
['doing Acts in Preparation for, Or Planning, A Terrorist Act or Acts' 'objective Seriousness' 'extremist Ideology' 'general Deterrence' 'community Protection' 'youth as a Sentencing Factor' 'rehabilitation' 'non Parole Period' 'juvenile Offender Order']
['criminal Law' 'sentencing' 'terrorism Offences' 'children and Young Offenders'] ['doing Acts in Preparation For, or Planning, a Terrorist Act or Acts' 'objective Seriousness' 'extremist Ideology' 'general Deterrence' 'community Protection' 'youth as a Sentencing Factor' 'rehabilitation' 'non Parole Period' 'juvenile Offender Order']

Case Brief

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Procedural Posture

Criminal Sentence for Doing Acts in Preparation For, or Planning, a Terrorist Act or Acts / Sentence After Jury Verdict of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for the offence of doing acts in preparation for, or planning, a terrorist act or acts.' 'Whether the offending was objectively serious and whether the commission of a terrorist act was imminent at the time of arrest.' "The extent to which the offender's youth mitigated sentence in light of the seriousness of the offending and adult-like behaviour." 'Whether the offender had shown contrition, renounced extremist views, and had prospects of rehabilitation.' 'Whether the sentence should be served as a juvenile offender up to the offender attaining 21 years of age.']

Ratio Decidendi

The offender's conduct was at about the mid-range of objective seriousness because he had deliberately sourced Islamic State propaganda advocating knife attacks, acquired and concealed fixed-blade and partially serrated knives, carried clothing and items capable of disguise, took steps to avoid being traced, possessed a pledge of allegiance note, and was near a police station and court house where he regarded government-connected persons as evil. A terrorist act involving knife-inflicted harm was imminent. Although the offender was 16 years and 5 months old and had no criminal history, his conduct was planned, adult-like and serious, and general deterrence, denunciation and community...

Court Disposition

Offender convicted and sentenced to imprisonment for 16 years with a non-parole period of 12 years.

Orders

  • ['The offender is convicted of the offence of doing acts in preparation for, or planning, a terrorist act or acts.' 'The offender is sentenced to imprisonment for 16 years commencing on 12 October 2016 and expiring on 11 October 2032.' 'A non-parole period of 12 years imprisonment is specified commencing on 12...