R v Dakkak [2020] NSWSC 1806

R v Dakkak [2020] NSWSC 1806

Given the seriousness of the offences, evidence of radicalisation, duration and context of the associations, and the legislative constraints on alternatives to imprisonment for terrorism offences, the only appropriate sentence is full-time imprisonment. The periods were adjusted for utilitarian value of the plea, accumulation, and the harsh custodial conditions already endured, resulting in a total sentence of 18 months imprisonment with a 14 month non-parole period. The non-parole period reflects both the required statutory minimum (exceeding 75% of the total sentence) and the principle that time served in harsher conditions counts more heavily toward the penalty.

Jurisdiction
Australia
Judgment Date
18 December 2020
Procedural Posture
Criminal / Sentencing After Plea of Guilty
Outcome
Convicted and sentenced to full-time imprisonment; eligible for imminent release on parole subject to Attorney-General's discretion.
Legal Topics
['sentencing' 'terrorism Offence' 'association Offence' 'crimes Act 1914 (cth)' 'criminal Code 1995 (cth) S 102.8(1)' 'objective Seriousness' 'mitigation and Aggravating Factors']
['criminal Law'] ['sentencing' 'terrorism Offence' 'association Offence' 'crimes Act 1914 (cth)' 'criminal Code 1995 (cth) S 102.8(1)' 'objective Seriousness' 'mitigation and Aggravating Factors']

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 / Sentencing After Plea of Guilty

Legal Issues

  1. 1 ['Proper sentence for offences against s 102.8(1) Criminal Code 1995 (Cth)' 'Application of terrorism-specific sentencing provisions' 'Assessment of objective seriousness and subjective factors' 'Relevance of association with terrorist group members' 'Eligibility for alternatives to full-time imprisonment under statutory constraints']

Ratio Decidendi

Given the seriousness of the offences, evidence of radicalisation, duration and context of the associations, and the legislative constraints on alternatives to imprisonment for terrorism offences, the only appropriate sentence is full-time imprisonment. The periods were adjusted for utilitarian value of the plea, accumulation, and the harsh custodial conditions already endured, resulting in a total sentence of 18 months imprisonment with a 14 month non-parole period. The non-parole period reflects both the required statutory minimum (exceeding 75% of the total sentence) and the principle that time served in harsher conditions counts more heavily toward the penalty.

Court Disposition

Convicted and sentenced to full-time imprisonment; eligible for imminent release on parole subject to Attorney-General's discretion.

Orders

  • ['On Sequence 2, sentenced to 9 months imprisonment commencing 2 July 2019 and expiring 1 April 2020.' "On Sequence 3, sentenced to 15 months imprisonment commencing 2 October 2019 and expiring 1 January 2021 (with 3 months' accumulation)." 'Single non-parole period of 14 months commencing 2 July 2019 and expiring 1...