R v Al-Kutobi; R v Kiad [2016] NSWSC 1760

R v Al-Kutobi; R v Kiad [2016] NSWSC 1760

The offenders were engaged in an ongoing conspiracy within the meaning of ss 101.6(1) and 11.5(1) of the Criminal Code (Cth) 1995 to prepare or plan a terrorist act, which included both the use of an improvised explosive device against property and the planned use of bladed weapons to cause serious harm or death to an individual. All acts, acquisitions, communications, and preparations up to the time of arrest formed part of this conspiracy, and the only reason the planned attack did not go ahead was the timely police intervention. The objective seriousness of the offending was above the mid-range for offences of this kind, warranting lengthy custodial sentences.

Parties
Prosecution: The Crown; Offender: Omar Al-Kutobi; Offender: Mohammad Kiad
Jurisdiction
Australia
Judgment Date
09 December 2016
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Terrorism, Conspiracy, Sentencing, Preparation for Terrorist Act
Criminal Law Terrorism Conspiracy Sentencing Preparation for Terrorist Act

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 4 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

The Crown

Prosecution

Omar Al-Kutobi

Offender

Mohammad Kiad

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the offenders conspired to do acts in preparation for or planning a terrorist act within the meaning of ss 101.6(1) and 11.5(1) of the Criminal Code (Cth) 1995
  2. 2 Whether, at the time of their arrest, the offenders were preparing or planning to use a bladed weapon to kill or cause serious physical harm to an individual
  3. 3 Assessment of the objective seriousness of the offence and the relevance of the offenders' subjective circumstances to sentencing

Ratio Decidendi

The offenders were engaged in an ongoing conspiracy within the meaning of ss 101.6(1) and 11.5(1) of the Criminal Code (Cth) 1995 to prepare or plan a terrorist act, which included both the use of an improvised explosive device against property and the planned use of bladed weapons to cause serious harm or death to an individual. All acts, acquisitions, communications, and preparations up to the time of arrest formed part of this conspiracy, and the only reason the planned attack did not go ahead was the timely police intervention. The objective seriousness of the offending was above the mid-range for offences of this kind, warranting lengthy custodial sentences.

Court Disposition

convicted and sentenced

Orders

  • Mr Al-Kutobi is sentenced, for the offence contrary to ss 101.6(1) and 11.5(1) of The Criminal Code (Cth) 1995 of conspiring to commit an act or acts in preparation for or planning a terrorist act, to a term of imprisonment of 20 years to commence from 10 February 2015, and to conclude on 9 February 2035. I fix a...
  • Mr Kiad is sentenced, for the offence contrary to ss 101.6(1) and 11.5(1) of The Criminal Code (Cth) 1995 of conspiring to commit an act or acts in preparation for or planning a terrorist act, to a term of imprisonment of 20 years to commence from 10 February 2015, and to conclude on 9 February 2035. I fix a...