Hatahet v R [2023] NSWCCA 305

Hatahet v R [2023] NSWCCA 305

The sentence was not otherwise manifestly excessive, but the failure to take into account the practical effect of s 19ALB of the Crimes Act 1914 (Cth), the subsequent refusal and improbability of parole, and the applicant's onerous imprisonment conditions in the HRMCC was an error in principle. Those matters warranted reducing the head sentence while leaving the 3-year non-parole period undisturbed.

Jurisdiction
Australia
Judgment Date
29 November 2023
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence From the District Court
Outcome
Leave to appeal granted; appeal allowed; sentence set aside; applicant resentenced to 4 years' imprisonment with a non-parole period of 3 years.
Legal Topics
['engaging in Hostile Activity in a Foreign Country' 'manifest Excess' 'non Parole Period' 'parole for Terrorism Related Offenders' 'onerous Custodial Conditions']
['criminal Law' 'sentencing' 'commonwealth Offences'] ['engaging in Hostile Activity in a Foreign Country' 'manifest Excess' 'non Parole Period' 'parole for Terrorism Related Offenders' 'onerous Custodial Conditions']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence From the District Court

Legal Issues

  1. 1 ['Whether, in sentencing for an offence to which s 19ALB of the Crimes Act 1914 (Cth) applies, the court should or may take into account the effect of s 19ALB and evidence of executive practices.' 'Whether the fact that the applicant had been refused parole, and was most unlikely to be granted parole, warranted a reduction of the sentence.' 'Whether the sentence imposed was manifestly excessive.']

Ratio Decidendi

The sentence was not otherwise manifestly excessive, but the failure to take into account the practical effect of s 19ALB of the Crimes Act 1914 (Cth), the subsequent refusal and improbability of parole, and the applicant's onerous imprisonment conditions in the HRMCC was an error in principle. Those matters warranted reducing the head sentence while leaving the 3-year non-parole period undisturbed.

Court Disposition

Leave to appeal granted; appeal allowed; sentence set aside; applicant resentenced to 4 years' imprisonment with a non-parole period of 3 years.

Orders

  • ['Grant leave to appeal and allow the appeal.' 'Set aside the sentence and resentence the applicant to imprisonment for 4 years, with a non-parole period of 3 years, the sentence having commenced on 24 August 2020 will expire on 23 August 2024.']