R v Hatahet [2022] NSWDC 765

R v Hatahet [2022] NSWDC 765

The offender entered Syria, engaged in hostile activities including being armed and providing support to the Free Syrian Army for three weeks, with the intention of overthrowing the Syrian government by force contrary to s 6(1)(b) Crimes (Foreign Incursions and Recruitment) Act 1978 (Cth). While the original motivation was to locate his brother-in-law, once in Syria the offender became an active and enthusiastic supporter of FSA objectives. His role was, however, limited in duration and seriousness and was well below mid-range for this offence. General deterrence remains important but is tempered by the offender's unique motivation, the delay in prosecution, the hardship to his family,...

Parties
Offender: Fayez Hatahet; The Crown: Commonwealth Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
02 December 2022
Procedural Posture
Sentence / Delivered
Outcome
Offender convicted and sentenced to 5 years' imprisonment (non-parole period of 3 years, backdated for time served, with 25% reduction for plea of guilty).
Legal Topics
Sentencing, Foreign Incursions, Hostile Activity in Foreign State, General and Specific Deterrence
Criminal Law Sentencing Foreign Incursions Hostile Activity in Foreign State General and Specific Deterrence

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Parties

Fayez Hatahet

Offender

Commonwealth Director of Public Prosecutions

The Crown

Procedural Posture

Sentence / Delivered

Legal Issues

  1. 1 Appropriate sentence for engaging in hostile activity in a foreign state contrary to s 6 Crimes (Foreign Incursions and Recruitment) Act 1978 (Cth)
  2. 2 Objective seriousness of the offending
  3. 3 Relevance of offender's motivation and role in hostile activities

Ratio Decidendi

The offender entered Syria, engaged in hostile activities including being armed and providing support to the Free Syrian Army for three weeks, with the intention of overthrowing the Syrian government by force contrary to s 6(1)(b) Crimes (Foreign Incursions and Recruitment) Act 1978 (Cth). While the original motivation was to locate his brother-in-law, once in Syria the offender became an active and enthusiastic supporter of FSA objectives. His role was, however, limited in duration and seriousness and was well below mid-range for this offence. General deterrence remains important but is tempered by the offender's unique motivation, the delay in prosecution, the hardship to his family,...

Court Disposition

Offender convicted and sentenced to 5 years' imprisonment (non-parole period of 3 years, backdated for time served, with 25% reduction for plea of guilty).

Orders

  • The offender is convicted of the count on the indictment.
  • The offender is sentenced to a term of imprisonment, consisting of a non‑parole period of three years, commencing from 24 August 2020 and a head sentence of five years, expiring on 23 August 2025.