R v El Matari [2021] NSWSC 1260

R v El Matari [2021] NSWSC 1260

The terrorism offence was towards the lower end of similar offences because the offender did a lot of talking, took little action, had only generalised plans, no weapons, no followers and a very low likelihood of any terrorist act coming to fruition in Australia. The foreign incursion offence was at or just below the mid-range because the offender, motivated by extremist ideals, took concrete steps to obtain a passport and visa and pay for travel to Pakistan in order to reach Afghanistan and engage in hostile activity. Given the seriousness of the offences, high assessed risk of violent extremism, need for protection of the community and deterrence, but also the early guilty pleas, youth,...

Jurisdiction
Australia
Judgment Date
11 October 2021
Procedural Posture
Criminal Sentence / Sentence Following Guilty Pleas to Two Offences, With a Third Offence Admitted and Taken Into Account Under S 16 BA of the Crimes Act 1914 (cth)
Outcome
Offender sentenced to an aggregate term of imprisonment of 7 years and 4 months, with a non-parole period of 5 years and 6 months.
Legal Topics
['doing an Act in Preparation for or Planning of Terrorist Acts' 'preparing to Engage in a Foreign Incursion Offence' 'membership of a Terrorist Organisation Taken Into Account on Sentence' 'aggregate Sentence' 'guilty Plea Discount' 'protection of the Community' 'specific and General Deterrence']
['criminal Law' 'sentencing' 'terrorism Offences' 'foreign Incursion Offences'] ['doing an Act in Preparation for or Planning of Terrorist Acts' 'preparing to Engage in a Foreign Incursion Offence' 'membership of a Terrorist Organisation Taken Into Account on Sentence' 'aggregate Sentence' 'guilty Plea Discount' 'protection of the Community' 'specific and General Deterrence']

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Procedural Posture

Criminal Sentence / Sentence Following Guilty Pleas to Two Offences, With a Third Offence Admitted and Taken Into Account Under S 16 BA of the Crimes Act 1914 (cth)

Legal Issues

  1. 1 ['The objective seriousness of the terrorism offence contrary to s 101.6(1) of the Criminal Code, taking into account the membership offence contrary to s 102.3(1) of the Criminal Code.' 'The objective seriousness of the foreign incursion offence contrary to s 119.4(1) of the Criminal Code.' "The weight to be given to the offender's guilty pleas, contrition, youth, health, prospects of rehabilitation and onerous custodial conditions." 'Whether an aggregate sentence was appropriate given the overlap in conduct between the offences.']

Ratio Decidendi

The terrorism offence was towards the lower end of similar offences because the offender did a lot of talking, took little action, had only generalised plans, no weapons, no followers and a very low likelihood of any terrorist act coming to fruition in Australia. The foreign incursion offence was at or just below the mid-range because the offender, motivated by extremist ideals, took concrete steps to obtain a passport and visa and pay for travel to Pakistan in order to reach Afghanistan and engage in hostile activity. Given the seriousness of the offences, high assessed risk of violent extremism, need for protection of the community and deterrence, but also the early guilty pleas, youth,...

Court Disposition

Offender sentenced to an aggregate term of imprisonment of 7 years and 4 months, with a non-parole period of 5 years and 6 months.

Orders

  • ['Aggregate sentence of imprisonment for 7 years and 4 months imposed.' 'Non-parole period fixed at 5 years and 6 months.' 'Sentence to commence on 2 July 2019.' 'The offender was warned under s 105A.23 of the Criminal Code that he may be the subject of an application for an order for detention at the completion of...