R v Biber

[2023] NSWDC 292

District Court

New South Wales

Medium Neutral Citation:

R v Biber [2023] NSWDC 292

Hearing dates:

11 May 2023

Date of orders:

15 May 2023

Decision date:

15 May 2023

Jurisdiction:

Criminal

Before:

Buscombe DCJ

Decision:

A 2-year Community Corrections Order is imposed commencing 15 May 2023 and expiring on 14 May 2025.

Conditions of the CCO are contained at [51].

Catchwords:

CRIMINAL LAW – COMMONWEALTH – SENTENCE – Contravention of Control Order

Legislation Cited:

Criminal Code Act 1995 (Cth)

Crimes Act 1914 (Cth)

Category:

Sentence

Parties:

Director of Public Prosecutions (Cth) (Crown)
Mehmet Biber (Offender)

Representation:

Counsel:
Mr Baldeo (Crown)
R Khalilizadeh (Offender)

Solicitors:
Solicitor for Director of Public Prosecutions (Cth)
Sydney City Crime (Offender)

File Number(s):

2022/124203

SENTENCE

1. Mr Biber will have a wait to find out what the sentence is as there are a number of matters I need to put on the record before I can tell him what the sentence is.

2. The offender, Mr Biber, stands to be sentenced having pleaded guilty to the following charge:

That between about 2 October 2021 and 30 April 2022 at Sydney and elsewhere, he did, knowingly or believing or being reckless as to the fact that a control order was in force in relation to him, intentionally contravened the order.

3. That is an offence under s 104.27 of the Commonwealth’s Criminal Code and has a maximum penalty of five years’ imprisonment. The offence is a Commonwealth offence and the offender is to be sentenced in accordance with the Commonwealth’s Crimes Act and in particular, having regard to Part 1B of that legislation and the terms of section 16A of the Act and the fact that this offence is a terrorism offence.

Agreed Facts

4. One matter that I am to have regard to is the nature and circumstances of the offence which are, essentially, the facts encompassed by the offending. The facts here are agreed and the following is taken from the agreed facts. On 27 April 2018, the offender was convicted of entering a foreign country, namely Syria, intending to engage in hostile activity contrary to a provision of the Crimes (Foreign Incursions and Recruitment) Act and was sentenced to four years and nine months’ imprisonment with a non-parole period of two years and six months. The offender was released at the expiry of his head sentence on 2 August 2021.

5. On that date, subject to orders made by Justice Nicholas of the Federal Court of Australia on 29 July 2021, the offender was served with what is called an interim control order, issued on 29 July 2021, pursuant to section 104.4 of the Commonwealth’s Criminal Code. That order covered the period from 2 August 2021 to 27 October 2021. Upon service of that order, the Australian Federal Police provided the offender with a notice of explanation advising him of his obligations and of the prohibitions and restrictions that had been imposed in the control order and including information that it is a criminal offence to contravene…