R v Zahab [2019] NSWSC 629

R v Zahab [2019] NSWSC 629

The offender was convicted of intentionally providing support or resources to a terrorist organisation, namely Islamic State, knowing it was a terrorist organisation, over a significant period of time with a high degree of planning and sophistication, and failing to comply with an order under s 3LA(2) of the Crimes Act 1914 (Cth) by knowingly refusing to provide passwords to encrypted devices, thereby frustrating police investigation; both offences were found to be very serious and warrant custodial sentences.

Parties
Prosecutor: Regina (Crown); Defendant: Haisem Zahab
Jurisdiction
Australia
Judgment Date
07 June 2019
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Terrorism Offences, Intentionally Providing Support or Resources to a Terrorist Organisation, Failing to Comply With an Order to Disclose Passwords to Encrypted Devices, Sentencing
Criminal Law Terrorism Offences Intentionally Providing Support or Resources to a Terrorist Organisation Failing to Comply With an Order to Disclose Passwords to Encrypted Devices Sentencing

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Parties

Regina (Crown)

Prosecutor

Haisem Zahab

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the offender intentionally provided support or resources to a terrorist organisation knowing it was a terrorist organisation
  2. 2 Whether the offence of failing to comply with an order under s 3LA(2) of the Crimes Act 1914 (Cth) occurred
  3. 3 Objective seriousness of the offending

Ratio Decidendi

The offender was convicted of intentionally providing support or resources to a terrorist organisation, namely Islamic State, knowing it was a terrorist organisation, over a significant period of time with a high degree of planning and sophistication, and failing to comply with an order under s 3LA(2) of the Crimes Act 1914 (Cth) by knowingly refusing to provide passwords to encrypted devices, thereby frustrating police investigation; both offences were found to be very serious and warrant custodial sentences.

Court Disposition

convicted and sentenced

Orders

  • Offender convicted and sentenced to imprisonment for 3 months for failing to comply with an order under s 3LA(2) of the Crimes Act 1914 (Cth), commencing 28 February 2017 and expiring 27 May 2017.
  • Offender convicted and sentenced to imprisonment for 9 years for intentionally providing support or resources to a terrorist organisation, commencing 28 March 2017 and expiring 27 March 2026.