R v Biber [2023] NSWDC 292

R v Biber [2023] NSWDC 292

Despite the seriousness of the offence, the deliberate nature of the breach, and the importance of general deterrence, a sentence other than imprisonment is appropriate due to the offender's early guilty plea, good prospects of rehabilitation, and the significant hardship imprisonment would impose on his young family.

Parties
Crown: Director of Public Prosecutions (Cth); Offender: Mehmet Biber
Jurisdiction
Australia
Judgment Date
15 May 2023
Procedural Posture
Criminal / Sentence
Outcome
Conviction; 2-year Community Corrections Order imposed; no imprisonment.
Legal Topics
Sentence, Contravention of Control Order, Terrorism Offence
Criminal Law Sentence Contravention of Control Order Terrorism Offence

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Parties

Director of Public Prosecutions (Cth)

Crown

Mehmet Biber

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for contravening a control order under s 104.27 of the Criminal Code Act 1995 (Cth)?

Ratio Decidendi

Despite the seriousness of the offence, the deliberate nature of the breach, and the importance of general deterrence, a sentence other than imprisonment is appropriate due to the offender's early guilty plea, good prospects of rehabilitation, and the significant hardship imprisonment would impose on his young family.

Court Disposition

Conviction; 2-year Community Corrections Order imposed; no imprisonment.

Orders

  • The offender is convicted.
  • A 2-year Community Corrections Order is imposed commencing 15 May 2023 and expiring 14 May 2025.