R v Khaled Khayat; R v Mahmoud Khayat (No 14) [2019] NSWSC 1817

R v Khaled Khayat; R v Mahmoud Khayat (No 14) [2019] NSWSC 1817

The offenders conspired together and with others to do acts in preparation for terrorist acts, specifically plots involving a bomb and poisonous gas, which could have resulted in large-scale loss of life. Both played significant roles in advancing the conspiracy, receiving instructions, sourcing materials, constructing devices, and preparing to deploy them. The seriousness of the offence, statutory requirements for terrorism sentencing, objective and subjective factors including limited contrition, health, and prospects of rehabilitation justified lengthy custodial sentences but not life imprisonment. Non-parole periods fixed per statutory minimums. Consideration given to public...

Parties
Prosecutor: Regina; Accused: Khaled Khayat; Accused: Mahmoud Khayat
Jurisdiction
Australia
Judgment Date
17 December 2019
Procedural Posture
Criminal / Sentence After Conviction
Outcome
conviction and sentence
Legal Topics
Sentencing, Conspiracy, Terrorism, Preparation for Terrorist Act
Criminal Law Sentencing Conspiracy Terrorism Preparation for Terrorist Act

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecutor

Khaled Khayat

Accused

Mahmoud Khayat

Accused

Procedural Posture

Criminal / Sentence After Conviction

Legal Issues

  1. 1 What is the appropriate sentence for conspiracy to do acts in preparation for a terrorist act under ss 11.5 and 101.6 of the Criminal Code (Cth)?
  2. 2 How should the roles and culpability of each offender be assessed?
  3. 3 Are there subjective and objective factors warranting mitigation or aggravation of sentence?

Ratio Decidendi

The offenders conspired together and with others to do acts in preparation for terrorist acts, specifically plots involving a bomb and poisonous gas, which could have resulted in large-scale loss of life. Both played significant roles in advancing the conspiracy, receiving instructions, sourcing materials, constructing devices, and preparing to deploy them. The seriousness of the offence, statutory requirements for terrorism sentencing, objective and subjective factors including limited contrition, health, and prospects of rehabilitation justified lengthy custodial sentences but not life imprisonment. Non-parole periods fixed per statutory minimums. Consideration given to public...

Court Disposition

conviction and sentence

Orders

  • Khaled Khayat convicted; sentenced to 40 years’ imprisonment commencing 29 July 2017, expiring 28 July 2057.
  • Non-parole period for Khaled Khayat fixed at 30 years, expiring 28 July 2047.