R (Cth) v Jakovac

[2022] NSWDC 579

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

Bullock v R [2016] NSWCCA 131

BP v R [2010] NSWCCA 159

DPP v De La Rosa [2010] NSWCCA 194

Kaurasi v R (Cth) [2020] NSWCCA 253

R v Millwood [2012] NSWCCA 2

The Queen v Dakkak [2020] NSWSC 1806

The Queen v Taleb (No 5) [2019] NSWSC 720

The Queen v Uweinat [2021] NSWSC 1256

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

1. 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

2. 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.

3. The…