Elmir v R [2021] NSWCCA 19

Elmir v R [2021] NSWCCA 19

There is no discrete body of principles relating exclusively to terrorism offences which are legally irrelevant to foreign incursion offences; sentencing requires considering all facts and their significance. The sentencing judge was entitled to consider the extent of radicalisation and community protection based on the facts. No error was established.

Parties
Applicant: Amin Elmir; Respondent: Crown
Jurisdiction
Australia
Judgment Date
26 February 2021
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence; Appellate Decision
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Sentencing, Federal Offences, Foreign Incursion Offences, Terrorism Offences, Appeals
Criminal Law Sentencing Federal Offences Foreign Incursion Offences Terrorism Offences Appeals

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Parties

Amin Elmir

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence; Appellate Decision

Legal Issues

  1. 1 Whether sentencing judge erred by applying principles applicable to terrorism offences (Part 5.3 Criminal Code) rather than foreign incursion offences (Part 5.5)
  2. 2 Whether extent of radicalisation at time of offending is relevant to objective seriousness
  3. 3 Whether sentencing judge erred by treating protection of the community as deserving of particular weight

Ratio Decidendi

There is no discrete body of principles relating exclusively to terrorism offences which are legally irrelevant to foreign incursion offences; sentencing requires considering all facts and their significance. The sentencing judge was entitled to consider the extent of radicalisation and community protection based on the facts. No error was established.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Grant leave to appeal.
  • Dismiss the appeal.