District Court
New South Wales
Medium Neutral Citation: R (Cth) v Jakovac [2022] NSWDC 579 Hearing dates: 4 & 5 July 2022 Date of orders: 25 July 2022 Decision date: 25 July 2022 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Convicted of the offence of advocating the doing of a terrorist act or commission of a terrorism offence.
Impose a sentence of 1 year and 6 months imprisonment, consisting of a non-parole period of 1 year and 2 months. The sentence commenced on 9 December 2020 and expired on 8 June 2022. The non-parole period expired on 8 February 2022.
Catchwords: CRIME – Terrorism offences – Intentionally advocate the doing of a terrorist act
SENTENCING – Relevant factors on sentence – Moral culpability
SENTENCING – Subjective considerations on sentence – Age of offender
Legislation Cited: Criminal Code Act 1995 (Cth), s 80.2C(1), s 80.2C(2)
Crimes Act 1914 (Cth), s 16A, s16A(2)(m), s 17A
Cases Cited: Bugmy v The Queen [2013] HCA 37 249 CLR 571
DPP v De La Rosa [2010] NSWCCA 194
Kaurasi v R (Cth) [2020] NSWCCA 253
The Queen v Dakkak [2020] NSWSC 1806
Category: Sentence Parties: Commonwealth Director of Public Prosecutions (Crown)
Tyler Jakovac (Offender)Representation: Counsel:
Mr R Ranken (Crown)
Mr T Quilter (Offender)
File Number(s): 2020/00349632
SENTENCE
Introduction
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The offender Tyler Jakovac is to be sentenced having pleaded guilty to an offence that between 16 January 2020 and 8 December 2020 he did intentionally advocate the doing of a terrorist act or the commission of a terrorism offence referred to in s 80.2C(2) of the Commonwealth’s Criminal Code being reckless as to whether another person would engage in a terrorist act or commit a terrorism offence referred to in that provision of the Criminal Code. That is an offence under s 80.2C(1) of the Criminal Code and has a maximum penalty of five years imprisonment and/or a fine equivalent to 300 penalty units. The offender is to be sentenced pursuant to Pt 1B of the Commonwealth Crime Act and in particular s 16A. Section 16A sets out a number of matters which the Court must take into account when imposing sentence insofar as they are relevant and known to the Court.
Nature and circumstances of the offence
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One matter to be taken into account is the nature and circumstances of the offence which are essentially contained within a very lengthy statement of agreed facts. The following is taken from the agreed facts which run to some 99 paragraphs. There was also tendered by the Crown extracts from the transcript of the interview conducted with the offender on 9 December 2020. The offender’s counsel also tendered before me extracts from the actual recording of that record of interview and I will say something about those extracts later in these remarks.
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The…
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- AGLC
- R (Cth) v Jakovac [2022] NSWDC 579
- Case
- [2022] NSWDC 579
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included assessing the appropriate sentence for an offence that carried significant moral blame and understanding the extent to which subjective factors, including the offender's age and moral culpability, could mitigate the sentence. The court was required to balance the need for punishment with considerations of rehabilitation and deterrence. Additionally, the court had to determine the non-parole period, ensuring it was just and proportionate to the offence.
The court considered the severity of the offence, the moral blameworthiness of the act, and the offender's personal circumstances. In its reasoning, the court emphasised the seriousness of advocating terrorist acts, which posed a significant threat to public safety. However, it also took into account Jakovac's age and his potential for rehabilitation. Ultimately, the court found that a sentence of 1 year and 6 months imprisonment, with a non-parole period of 1 year and 2 months, was appropriate. This sentence reflected the need for punishment while also considering the offender's capacity for rehabilitation and the need to deter similar offences in the future.
The court ordered that Jakovac's sentence of 1 year and 6 months imprisonment, with a non-parole period of 1 year and 2 months, commence on 9 December 2020 and expire on 8 June 2022. The non-parole period was set to expire on 8 February 2022, providing an opportunity for review and potential early release if Jakovac demonstrated satisfactory rehabilitation and rehabilitation efforts.
Orders
Orders of the court
Convicted of the offence of advocating the doing of a terrorist act or commission of a terrorism offence.
Impose a sentence of 1 year and 6 months imprisonment, consisting of a non-parole period of 1 year and 2 months. The sentence commenced on 9 December 2020 and expired on 8 June 2022. The non-parole period expired on 8 February 2022.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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