Betka v R; Ghazaoui v R; Hawchar v R (No 3) [2021] NSWCCA 121

Betka v R; Ghazaoui v R; Hawchar v R (No 3) [2021] NSWCCA 121

The commencement date previously substituted by the Court was erroneous because the actual date of Mr Betka's arrest and remand was 19 December 2017, and it was in the interests of justice to correct that error under r 50C of the Criminal Appeal Rules (NSW). The non-parole period also required correction under s 19AH of the Crimes Act 1914 (Cth) because, having regard to ss 19AD and 19AG and the federal terrorism sentence imposed by Harrison J, the Court was required to impose a single non-parole period in respect of the relevant federal sentences.

Jurisdiction
Australia
Judgment Date
15 June 2021
Procedural Posture
Consequential Orders; Amendment of Orders in Sentence Appeal / On the Papers After Orders Made on 5 August 2020 and Amended on 6 August 2020
Outcome
The orders made by the Court on 6 August 2020 were set aside and substituted with a sentence of imprisonment for 6 years from 19 December 2017 and a non-parole period of 3 years and 6 months expiring on 18 June 2021.
Legal Topics
['amendment of Orders' 'correction of Sentencing Orders' 'non Parole Period' 'federal Sentences' 'terrorism Offence']
['criminal Law' 'criminal Procedure' 'sentencing'] ['amendment of Orders' 'correction of Sentencing Orders' 'non Parole Period' 'federal Sentences' 'terrorism Offence']

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Procedural Posture

Consequential Orders; Amendment of Orders in Sentence Appeal / On the Papers After Orders Made on 5 August 2020 and Amended on 6 August 2020

Legal Issues

  1. 1 ["Whether the commencement date for the sentence imposed by the Court on 5 August 2020 should be corrected to reflect the actual date of Mr Betka's arrest and remand in custody." 'Whether the non-parole period order should be recast to comply with ss 19AD and 19AG of the Crimes Act 1914 (Cth) because Mr Betka was subject to another federal sentence including a terrorism offence.' 'Whether the Court should exercise powers under r 50C(3) of the Criminal Appeal Rules (NSW) and s 19AH of the Crimes Act 1914 (Cth).']

Ratio Decidendi

The commencement date previously substituted by the Court was erroneous because the actual date of Mr Betka's arrest and remand was 19 December 2017, and it was in the interests of justice to correct that error under r 50C of the Criminal Appeal Rules (NSW). The non-parole period also required correction under s 19AH of the Crimes Act 1914 (Cth) because, having regard to ss 19AD and 19AG and the federal terrorism sentence imposed by Harrison J, the Court was required to impose a single non-parole period in respect of the relevant federal sentences.

Court Disposition

The orders made by the Court on 6 August 2020 were set aside and substituted with a sentence of imprisonment for 6 years from 19 December 2017 and a non-parole period of 3 years and 6 months expiring on 18 June 2021.

Orders

  • ['The orders made by this Court on 6 August 2020 are set aside.' 'Bilal Betka is sentenced to imprisonment for 6 years to date from 19 December 2017.' 'After taking into account the sentence imposed by Harrison J on 20 February 2020, and having regard to the operation of ss 19AD and 19AG of the Crimes Act (Cth), a...