R v Amin [2021] NSWSC 1267

R v Amin [2021] NSWSC 1267

The Crown did not prove beyond reasonable doubt that the offender intended, prepared for or planned terrorist conduct in Australia or Syria; he was to be sentenced on the basis that the planned terrorist act or hostile violent conduct was to occur in Bangladesh only. The terrorism offence was serious but below mid-range because the conduct, although over about eight and a half months and culminating in an attempted departure for Bangladesh, did not involve arms, definite arrangements with a group, or firm, fixed or developed plans. The Customs Act offence was towards the bottom end of the range. After allowing discounts of 20% for the terrorism plea and 25% for the Customs Act plea, and...

Jurisdiction
Australia
Judgment Date
11 October 2021
Procedural Posture
Criminal Sentencing for Terrorism and Customs Act Offences / Sentence After Pleas of Guilty
Outcome
Aggregate sentence imposed for both offences.
Legal Topics
['doing an Act in Preparation for or Planning a Terrorist Act' 'attempt to Export Tier 1 Goods Prohibited Under the Customs Act 1901' 'objective Seriousness' 'guilty Plea Discount' 'specific and General Deterrence' 'rehabilitation' 'aggregate Sentence']
['criminal Law' 'sentencing' 'terrorism Offences' 'customs and Export Controls'] ['doing an Act in Preparation for or Planning a Terrorist Act' 'attempt to Export Tier 1 Goods Prohibited Under the Customs Act 1901' 'objective Seriousness' 'guilty Plea Discount' 'specific and General Deterrence' 'rehabilitation' 'aggregate Sentence']

Case Brief

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Procedural Posture

Criminal Sentencing for Terrorism and Customs Act Offences / Sentence After Pleas of Guilty

Legal Issues

  1. 1 ["Whether the offender's acts in preparation for or planning a terrorist act were directed to terrorist acts in Australia, Bangladesh, Syria, or elsewhere." 'The objective seriousness of the terrorism offence and the Customs Act offence.' "The appropriate discounts for the offender's pleas of guilty." 'The relevance of contrition, rehabilitation, risk of reoffending, custodial conditions, deterrence and protection of the community.' 'Whether an aggregate sentence should be imposed to avoid double counting.']

Ratio Decidendi

The Crown did not prove beyond reasonable doubt that the offender intended, prepared for or planned terrorist conduct in Australia or Syria; he was to be sentenced on the basis that the planned terrorist act or hostile violent conduct was to occur in Bangladesh only. The terrorism offence was serious but below mid-range because the conduct, although over about eight and a half months and culminating in an attempted departure for Bangladesh, did not involve arms, definite arrangements with a group, or firm, fixed or developed plans. The Customs Act offence was towards the bottom end of the range. After allowing discounts of 20% for the terrorism plea and 25% for the Customs Act plea, and...

Court Disposition

Aggregate sentence imposed for both offences.

Orders

  • ['The offender is sentenced to an aggregate term of imprisonment of 5 years and 4 months.' 'The sentence commences on 16 June 2018.' 'A non-parole period of 4 years is fixed, expiring on 15 June 2022.']