R v Greenfield [2023] NSWDC 497

R v Greenfield [2023] NSWDC 497

The offending was a serious example of the offence and its objective seriousness was high and above the mid-point because the offender knowingly shared terrorism-connected documents containing bomb-making instructions and believed them to be accurate, in circumstances potentially seriously dangerous to the Australian community. The offence was aggravated by commission while on a community corrections order. Although the offender's dysfunctional childhood reduced personal moral culpability, his significant criminal history, lack of sworn evidence of remorse or renunciation of extremist views, and high risk of re-offending made community protection, deterrence and retribution dominant. A...

Jurisdiction
Australia
Judgment Date
17 November 2023
Procedural Posture
Criminal Sentence for Knowingly Collect or Make a Document Connected With Terrorism / Sentence After Early Plea of Guilty
Outcome
Imprisonment for 5 years with a non-parole period of 3 years 9 months.
Legal Topics
['knowingly Collect or Make a Document Connected With Terrorism' 'objective Seriousness' 'community Protection' 'general Deterrence' 'specific Deterrence' 'retribution' 'guilty Plea Discount' 'dysfunctional Childhood' 'onerous Custodial Conditions']
['criminal Law' 'sentencing' 'terrorism Offences'] ['knowingly Collect or Make a Document Connected With Terrorism' 'objective Seriousness' 'community Protection' 'general Deterrence' 'specific Deterrence' 'retribution' 'guilty Plea Discount' 'dysfunctional Childhood' 'onerous Custodial Conditions']

Case Brief

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Procedural Posture

Criminal Sentence for Knowingly Collect or Make a Document Connected With Terrorism / Sentence After Early Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for contravention of s101.5(1) of the Commonwealth Criminal Code.' 'Whether the offending was a serious example of the offence and what its objective seriousness was.' "What weight should be given to the offender's subjective circumstances, including dysfunctional childhood, criminal history, substance use disorder, remorse, rehabilitation and risk of re-offending." 'What allowance should be made for the early plea of guilty and onerous custodial conditions.']

Ratio Decidendi

The offending was a serious example of the offence and its objective seriousness was high and above the mid-point because the offender knowingly shared terrorism-connected documents containing bomb-making instructions and believed them to be accurate, in circumstances potentially seriously dangerous to the Australian community. The offence was aggravated by commission while on a community corrections order. Although the offender's dysfunctional childhood reduced personal moral culpability, his significant criminal history, lack of sworn evidence of remorse or renunciation of extremist views, and high risk of re-offending made community protection, deterrence and retribution dominant. A...

Court Disposition

Imprisonment for 5 years with a non-parole period of 3 years 9 months.

Orders

  • ['For the offence of intentionally collecting documents that were connected with assistance in a terrorist act, knowing of the connection of the documents to assistance in a terrorist act, the offender is sentenced to imprisonment for 5 years.' 'The sentence is backdated to 24 December 2021.' 'A non-parole period of...