R v Hraichie (No. 3) [2019] NSWSC 973

R v Hraichie (No. 3) [2019] NSWSC 973

Given the gravity, premeditation, and persistent ideological motivation of the terrorism and violent offences committed by the Offender, cumulative and substantial terms of imprisonment are necessary for each offence to reflect community protection, deterrence, denunciation and adequate punishment. Discounts are allowed for utilitarian value of pleas and admitted intentions, but remorse and rehabilitation prospects are given little mitigating effect due to the continued adherence to extremist beliefs. The total sentence is to be structured according to statutory directives for consecutive sentences, aggregate sentencing for related violent offences, and in compliance with non-parole...

Parties
Prosecutor: Regina (Crown); Offender: Bourhan Hraichie
Jurisdiction
Australia
Judgment Date
02 August 2019
Procedural Posture
Sentence / Final Judgment and Sentencing
Outcome
The Offender is convicted on all counts and sentenced to a total effective sentence of 34 years' imprisonment with a non-parole period of 29 years.
Legal Topics
Sentencing, Terrorism Offences, Offences Against the Person, Custodial Offences, Aggregate Sentencing, Consecutive and Concurrent Sentencing
Criminal Law Sentencing Terrorism Offences Offences Against the Person Custodial Offences Aggregate Sentencing Consecutive and Concurrent Sentencing

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Parties

Regina (Crown)

Prosecutor

Bourhan Hraichie

Offender

Procedural Posture

Sentence / Final Judgment and Sentencing

Legal Issues

  1. 1 Assessment of objective seriousness for terrorism and violent offences
  2. 2 Application of sentencing discounts for guilty pleas and cooperation
  3. 3 Consideration of remorse, rehabilitation prospects and risk of reoffending

Ratio Decidendi

Given the gravity, premeditation, and persistent ideological motivation of the terrorism and violent offences committed by the Offender, cumulative and substantial terms of imprisonment are necessary for each offence to reflect community protection, deterrence, denunciation and adequate punishment. Discounts are allowed for utilitarian value of pleas and admitted intentions, but remorse and rehabilitation prospects are given little mitigating effect due to the continued adherence to extremist beliefs. The total sentence is to be structured according to statutory directives for consecutive sentences, aggregate sentencing for related violent offences, and in compliance with non-parole...

Court Disposition

The Offender is convicted on all counts and sentenced to a total effective sentence of 34 years' imprisonment with a non-parole period of 29 years.

Orders

  • Imprisonment for six years and three months (non-parole period four years and seven months) for the s.31 Crimes Act 1900 (NSW) offence commencing 19 August 2018.
  • Aggregate imprisonment for 20 years (non-parole period 15 years) for offences under ss.27 and 33(1)(b) Crimes Act 1900 (NSW) commencing 19 August 2022.