R v Abbas - [2018] VSC 553

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S CR 2017 0178

THE QUEEN
v
IBRAHIM ABBAS	Accused

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JUDGE:	Tinney J
WHERE HELD:	Melbourne
DATES OF HEARING:	10, 17 and 18 September 2018
DATE OF JUDGMENT:	20 September 2018
CASE MAY BE CITED AS:	R v Abbas
MEDIUM NEUTRAL CITATION:	[2018] VSC 553

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CRIMINAL LAW- Sentence – Conspiring to do acts in preparation for or planning a terrorist act – Offender with three others prepared to carry out a terrorist act in the CBD of Melbourne – Use of explosive devices, bladed weapons and firearms all contemplated - Purchases of ingredients and components for explosive device carried out – Explosive devices tested – Bladed weapons purchased – Reconnaissance carried out in Melbourne CBD – Attack imminent – Little evidence of remorse – Past co-operation but no promise of future co-operation – Crime at upper end of range of seriousness – Sentence of 24 years’ imprisonment with a non-parole period of 20 years.

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APPEARANCES:	Counsel	Solicitors
For the Crown	Mr P Doyle	Commonwealth Director of Public Prosecutions
For the Accused	Mr D Gurvich QC with Dr G Boas	Emma Turnbull Lawyers

HIS HONOUR:

Ibrahim Abbas, you have pleaded guilty to a charge of conspiring with others to do acts in preparation for or planning a terrorist act. The conspiracy which you have admitted was on foot for two months leading up to your arrest on 22 December 2016. Those with whom you conspired were your brother Hamza Abbas, your cousin Abdullah Chaarani, (‘Chaarani’) and a friend Ahmed Mohamed. (‘Mohamed’) The acts the subject of the conspiracy were the purchase of chemicals and other items for use in the manufacture of improvised explosive devices, the purchase of bladed weapons, and the conducting of reconnaissance of the area around Federation Square in Melbourne. The terrorist act in prospect was to involve the detonation of an explosive device or devices, and/or the use of bladed weapons, and/or the use of firearms in the vicinity of the area mentioned with the intention of pursuing violent jihad. The act if carried out would have been such as to intimidate the Government of Australia and the Australian public.

Your plea of guilty to this charge was an acknowledgement by you that all of the elements of the crime of conspiracy as contained in the charge on the indictment were made out.

The maximum penalty for the crime to which you have pleaded guilty is life imprisonment.

Background to your offending

You were born in Melbourne on 29 January 1994, and were hence 22 years old at the time of the offence, and are now aged 24. You resided at 15 Blackwood Crescent, Campbellfield with your wife Emma and child Essma at the time of your offending.

You were educated at an Islamic school for the entirety of your schooling. Having lost interest in religion for some years, at the age of 19 your faith was re-kindled after the illness and…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Abbas

Details

AGLC: R v Abbas [2018] VSC 553
Case: [2018] VSC 553
Decision Date: 20 September 2018

CaseChat Overview and Summary

The case of R v Abbas involved the appellant, who was charged with conspiracy to commit acts in preparation for or planning a terrorist act. The conspiracy involved the appellant and three others planning a terrorist attack in the Melbourne CBD. The intended attack included the use of explosive devices, bladed weapons, and firearms. The court was tasked with determining the appropriate sentence for the appellant, considering the gravity of the offence and the appellant's involvement in the conspiracy.

The primary legal issue before the court was the determination of an appropriate sentence for the appellant, who was found guilty of conspiring to commit acts in preparation for or planning a terrorist act. The court had to consider the severity of the offence, the appellant's role in the conspiracy, the steps taken towards the commission of the offence, and the lack of remorse shown by the appellant. The court also had to weigh the appellant's past cooperation with authorities against the absence of any promise of future cooperation.

In delivering the judgment, the court acknowledged the severity of the offence and the appellant's significant involvement in the conspiracy. The court noted that the appellant had taken concrete steps towards the commission of the offence, including the purchase of ingredients and components for explosive devices, testing of those devices, and the purchase of bladed weapons. The court also highlighted the lack of remorse shown by the appellant and the imminent nature of the attack. Despite the appellant's past cooperation with authorities, the court found that there was no promise of future cooperation. Ultimately, the court determined that the crime was at the upper end of the range of seriousness and sentenced the appellant to 24 years' imprisonment, with a non-parole period of 20 years.

The final orders of the court were that the appellant be sentenced to 24 years' imprisonment, with a non-parole period of 20 years. The court's decision reflected the gravity of the offence and the appellant's significant involvement in the conspiracy to commit a terrorist act.

Orders