R v Hraichie (No. 2) [2019] NSWSC 765

R v Hraichie (No. 2) [2019] NSWSC 765

The Offender's letter, fairly read, was capable of being treated as a recital supporting violent jihad and, if disseminated in its entirety, was susceptible to misuse for terrorist propaganda purposes. Although open justice was important, the contents and relevance of the letter could be sufficiently addressed in sentencing reasons and submissions without publication of the actual document, making a non-publication order necessary under s.8(1)(e).

Jurisdiction
Australia
Judgment Date
21 June 2019
Procedural Posture
Criminal Sentencing Proceeding; Application for Non Publication Order / Resumed Sentencing Hearing
Outcome
Non-publication order made.
Legal Topics
['terrorism Offence' 'serious Offences Against the Person' 'open Justice' 'non Publication Order' 'terrorist Propaganda']
['criminal Law' 'suppression and Non Publication Orders'] ['terrorism Offence' 'serious Offences Against the Person' 'open Justice' 'non Publication Order' 'terrorist Propaganda']

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Procedural Posture

Criminal Sentencing Proceeding; Application for Non Publication Order / Resumed Sentencing Hearing

Legal Issues

  1. 1 ["Whether the Offender's letter to the Court should be subject to a non-publication order." 'Whether publication of the letter created a risk of misuse for propaganda purposes promoting violent jihad or terrorist acts.' 'How the open justice principle should be applied in considering the application for a non-publication order.']

Ratio Decidendi

The Offender's letter, fairly read, was capable of being treated as a recital supporting violent jihad and, if disseminated in its entirety, was susceptible to misuse for terrorist propaganda purposes. Although open justice was important, the contents and relevance of the letter could be sufficiently addressed in sentencing reasons and submissions without publication of the actual document, making a non-publication order necessary under s.8(1)(e).

Court Disposition

Non-publication order made.

Orders

  • ['The letter from the Offender, which is Annexure A to the affidavit of Senior Assistant Superintendent Poulsen sworn 29 May 2019, is not to be published.' 'That order operates until further order of the Court and applies throughout the Commonwealth of Australia.']