1 For the offence under s.101.4(2) Criminal Code (Cth), the Offender is convicted and sentenced to imprisonment for a period of seven years and two months comprising a non-parole period of five years and three months commencing on 15 February 2016 and expiring on 14 May 2021 with a balance of term of one year and 11 months commencing on 15 May 2021 and expiring on 14 April 2023. 2 For the offence of supplying a pistol contrary to s.51(1A) Firearms Act 1996 (NSW), the Offender is convicted and taking into account the offences on the Form 1, is sentenced to imprisonment for 14 years and two months comprising a non-parole period of 10 years commencing on 15 August 2019 and expiring on 14 August 2029 with a balance of term of four years and two months commencing on 15 August 2029 and expiring on 14 October 2033. 3 The earliest date upon which the Offender will be eligible for consideration for release on parole is 15 August 2029.
Catchwords:
CRIMINAL LAW – sentence – guilty plea – intentionally possess a thing, a revolver, connected with the preparation for a terrorist act being reckless to the connection of the revolver to the preparation for a terrorist act contrary to s.101.4(2) Crimes Act 1914 (Cth) – supply pistol offence contrary to s.51(1A) Firearms Act 1996 (NSW)–Form 1 firearm offences - fatal shooting of Curtis Cheng outside New South Wales Police Headquarters –15 year old killer armed with a revolver by Raban Alou – Offender supplied firearm to Raban Alou – 15 year old killer and Raban Alou both supporters of Islamic State– Offender’s motive for offending - moral culpability of Offender – Offender sympathetic to Islamic State - factors relevant to sentence – importance of denunciation, community protection, general deterrence and specific deterrence – sentence for Commonwealth and State offences – accumulation of sentences – substantial sentences of imprisonment required
[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.
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Details
AGLC
R v Alameddine (No 3) [2018] NSWSC 681
Case
[2018] NSWSC 681
Decision Date
CaseChat Overview and Summary
The case of R v Alameddine (No 3) involved the defendant, who was found guilty of intentionally possessing a revolver connected with the preparation for a terrorist act. The offence occurred when the defendant supplied a pistol to Raban Alou, who subsequently fatally shot Curtis Cheng outside New South Wales Police Headquarters. The defendant pleaded guilty to two charges: possession of a revolver in connection with the preparation for a terrorist act under section 101.4(2) of the Crimes Act 1914 (Cth) and supplying a pistol under section 51(1A) of the Firearms Act 1996 (NSW).
The legal issues before the court included the appropriate sentence for the defendant, considering the gravity of the offences, the moral culpability of the defendant, and the principles of denunciation, community protection, general deterrence, and specific deterrence. The court also had to consider the appropriate accumulation of sentences for the Commonwealth and State offences and the substantial sentences of imprisonment required.
The court found that the defendant's moral culpability was high due to the nature of the offences, which involved the preparation for a terrorist act and the supply of a firearm. The court considered the importance of denunciation, community protection, general deterrence, and specific deterrence in sentencing the defendant. The court also noted that the defendant was sympathetic to Islamic State and that this factor was relevant to the sentence. The court imposed substantial sentences of imprisonment for both the Commonwealth and State offences and ordered the sentences to be served concurrently.