R v Khazaal [2009] NSWSC 1015

R v Khazaal [2009] NSWSC 1015

The offender knowingly compiled, edited, formatted and submitted for internet publication a substantial Arabic document connected with assistance in terrorist acts, containing detailed instructions for assassination and other violent methods and designed for rapid international dissemination through a site connected with adherents of violent jihad. The offence was not far removed from the worst category under s 101.5(1); the absence of a conviction for incitement did not mitigate it, the compilation method did not materially reduce culpability, and the offender showed no remorse, had exceedingly poor prospects of rehabilitation, and had no mitigating health or delay factors. A sentence...

Jurisdiction
Australia
Judgment Date
25 September 2009
Procedural Posture
Criminal Sentencing for Making a Document Connected With Assistance in a Terrorist Act / Sentence After Jury Conviction
Outcome
Offender convicted and sentenced to 12 years imprisonment with a non-parole period of 9 years.
Legal Topics
['making a Document Connected With Assistance in a Terrorist Act' 'objective Gravity' 'preparatory Terrorism Offences' 'general and Specific Deterrence' 'denunciation' 'remorse and Rehabilitation' 'prior Good Character']
['criminal Law' 'sentencing' 'terrorism Offences'] ['making a Document Connected With Assistance in a Terrorist Act' 'objective Gravity' 'preparatory Terrorism Offences' 'general and Specific Deterrence' 'denunciation' 'remorse and Rehabilitation' 'prior Good Character']

Case Brief

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Procedural Posture

Criminal Sentencing for Making a Document Connected With Assistance in a Terrorist Act / Sentence After Jury Conviction

Legal Issues

  1. 1 ['What was the objective gravity of the offence under s 101.5(1) of the Criminal Code (Clth).' 'Whether the absence of a finding that the offender intended to incite a terrorist act reduced the objective seriousness of the offence.' "Whether the document being compiled from downloaded material reduced the offender's culpability." "Whether the offender's health, character, remorse, contrition, prospects of rehabilitation, bail conditions or delay warranted mitigation." 'What sentence was required having regard to punishment, general deterrence, specific deterrence and denunciation for a terrorism offence.']

Ratio Decidendi

The offender knowingly compiled, edited, formatted and submitted for internet publication a substantial Arabic document connected with assistance in terrorist acts, containing detailed instructions for assassination and other violent methods and designed for rapid international dissemination through a site connected with adherents of violent jihad. The offence was not far removed from the worst category under s 101.5(1); the absence of a conviction for incitement did not mitigate it, the compilation method did not materially reduce culpability, and the offender showed no remorse, had exceedingly poor prospects of rehabilitation, and had no mitigating health or delay factors. A sentence...

Court Disposition

Offender convicted and sentenced to 12 years imprisonment with a non-parole period of 9 years.

Orders

  • ['Belal Saadalah Khazaal is convicted of the offence of making a document connected with assistance in a terrorist act.' 'The offender is sentenced to 12 years imprisonment, to date from 31 August 2008.' 'A non-parole period of 9 years is fixed.' 'The offender may be released to parole after 31 August 2017.']