R v Daniel Niinemae

R v Daniel Niinemae

The US Army Improvised Munitions Handbook was generic material capable of being useful to a terrorist, not instruction for specific terrorist activity; harm should be categorised as level 3 under sentencing guidelines, warranting a reduced custodial term.

Source-derived case information.

Parties
Applicant: Daniel Niinemae; Respondent: R (Crown)
Jurisdiction
England and Wales
Judgment Date
24 July 2025
Procedural Posture
Criminal Appeal / Judgment on Renewed Application for Leave to Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Terrorism, Sentencing, Possession of Terrorist Material
Criminal Law Terrorism Sentencing Possession of Terrorist Material

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Parties

Daniel Niinemae

Applicant

R (Crown)

Respondent

Procedural Posture

Criminal Appeal / Judgment on Renewed Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing guidelines were correctly applied to the offence under section 58(1)(b) of the Terrorism Act 2000
  2. 2 Whether sufficient weight was given to mitigating factors
  3. 3 Proper categorisation of harm and culpability under sentencing guidelines

Ratio Decidendi

The US Army Improvised Munitions Handbook was generic material capable of being useful to a terrorist, not instruction for specific terrorist activity; harm should be categorised as level 3 under sentencing guidelines, warranting a reduced custodial term.

Court Disposition

appeal allowed

Orders

  • Quash special custodial sentence of 3 years 6 months imposed under section 278 Sentencing Act 2020.
  • Substitute special custodial sentence of 21 months' custody and 1 year licence under section 278 Sentencing Act 2020.