| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S CR 2017 0177
S CR 2017 0176
S CR 2018 0175
| THE QUEEN |
| v |
| HAMZA ABBAS, |
| ABDULLAH CHAARANI, |
| AHMED MOHAMED |
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JUDGE: | Beale J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 15, 16 October 2019 |
DATE OF SENTENCE: | 29 November 2019 |
CASE MAY BE CITED AS: | R v Abbas, Chaarani & Mohamed |
MEDIUM NEUTRAL CITATION: | [2019] VSC 775 |
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CRIMINAL LAW — Sentence — Offenders convicted by jury of conspiring to do acts in preparation for or planning a terrorist act — Offenders supported Islamic State — Offenders’ preparatory acts done in contemplation of a terrorist act involving mass slaughter of innocent civilians in Melbourne CBD on or about Christmas Day 2016 — Use of improvised explosive devices, bladed weapons and firearms all contemplated — Purchases of ingredients and components for explosive devices carried out — Improvised explosive devices manufactured and tested — Steps taken to acquire firearms — Bladed weapons purchased — Reconnaissance carried out at Federation Square and surrounds — Attack imminent when offenders arrested — Crime at upper end of range of seriousness — Admissions of guilt and renunciation of Islamic State and violent jihad by Chaarani and Mohamed when testifying at plea hearing — Evidence of remorse on part of Chaarani and Mohamed — Co-offender Ibrahim Abbas pleaded guilty at first reasonable opportunity and sentenced to 24 years’ imprisonment with a non-parole period of 20 years — Parity — Chaarani and Mohamed already undergoing sentence for other terrorism offences — Totality — Avoidance of crushing sentence — Abbas sentenced to 22 years’ imprisonment with a non-parole period of 16 years and six months — Chaarani and Mohamed each sentenced to 26 years’ imprisonment (16 years cumulative) with a new non-parole period of 28 years and six months fixed — Criminal Code (Cth) ss 11.5(1), 101.6(1), 105A.23 — Crimes Act 1914, ss 16A, 16F, 19AB(2), 19AG — R v Abbas [2018] VSC 553, R v Alou (No 4) [2018] NSWSC 221, R v Beck [2005] VSCA 11, Lowe v The Queen (1984) 154 CLR 606, R v Mangelen (2009) 23 VR 692, DPP (Cth) v MHK (2017) 52 VR 272; [2017] VSCA 157.
APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr N Papas QC | Commonwealth Director of Public Prosecutions |
| For the Accused Abbas | Ms F Gerry QC with Ms S Condon | Stary Norton Halphen |
| For the Accused Mohamed | Mr J Kelly SC with Ms A Cannon | Leanne Warren and Associates |
| For the Accused Chaarani | Mr P Tehan QC | James Dowsley and Associates |
HIS HONOUR:
Circumstances of the offence
Hamza Abbas, Abdullah Chaarani and Ahmed Mohamed, after a lengthy trial,[1] you were each convicted of conspiring between 21 October 2016 and 22 December 2016 with one another, and Ibrahim Abbas (hereafter referred to as Ibrahim), to do an act or acts in preparation for or planning a terrorist act. Your crime was a contravention of ss 11.5(1) and 101.6(1) of…
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- AGLC
- R v Abbas, Chaarani & Mohamed [2019] VSC 775
- Case
- [2019] VSC 775
- Decision Date
CaseChat Overview and Summary
The court considered the crime to be at the upper end of the range of seriousness, with the potential for a substantial loss of life. The respondents’ admissions of guilt, renunciation of violent jihad, and evidence of remorse were mitigating factors. The court also had to consider parity, given that the co-offender Ibrahim Abbas had already pleaded guilty and was sentenced to 24 years’ imprisonment with a non-parole period of 20 years. Additionally, the court needed to consider the totality principle to avoid imposing a crushing sentence on the respondents, especially as Chaarani and Mohamed were already undergoing sentences for other terrorism offences. The court also had to ensure that the sentences were proportionate and reflected the gravity of the offence.
After considering all the relevant factors, the court sentenced the respondents to 26 years’ imprisonment (16 years cumulative) with a new non-parole period of 28 years and six months fixed. Abbas was sentenced to 22 years’ imprisonment with a non-parole period of 16 years and six months. The court found that these sentences reflected the seriousness of the crime, provided for parity with the co-offender’s sentence, and avoided a crushing sentence while still reflecting the gravity of the offence. The court also considered the need for deterrence and the protection of the community in its sentencing decision.
The final orders of the court were that the respondents be sentenced to imprisonment with the specified non-parole periods. The court also ordered that the sentences be served concurrently with any other sentences the respondents were already serving.
Orders
Orders of the court
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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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