| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S CR 2015 0117
| THE QUEEN | |
| v | |
| HASSAN EL SABSABI | Accused |
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JUDGE: | LASRY J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 4 December 2015 |
FURTHER SUBMISSIONS: | 26 August 2016; 14 October 2016; 29 November 2016; |
DATE OF SENTENCE: | 7 December 2016 |
CASE MAY BE CITED AS: | R v El Sabsabi |
MEDIUM NEUTRAL CITATION: | [2016] VSC 740 |
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CRIMINAL LAW – Sentence – Act in preparation for incursions into a foreign state for the purposes of engaging in hostile activities contrary to s 7(1)(e) Crimes (Foreign Incursions and Recruitment) Act 1978 (Cth) – Make funds available to known terrorism organisation - Maximum penalty 10 years imprisonment – Whether guidance from terrorism offences – Assessing objective seriousness – Plea of guilty – Delay – Utilitarian benefit discount for federal offences – Effect of delay – Rehabilitation – Consequence of a return to custody - Community Corrections Order.
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Ms W. Abraham QC | Office of Public Prosecutions (Cth) |
| For the Accused | Mr S. Bayles | Stary Norton Halphen |
HIS HONOUR:
Hassan El Sabsabi, on 9 September 2015 you pleaded guilty in this Court to two ‘rolled up’ charges of doing acts preparatory to incursions into a foreign State, namely Syria, for the purpose of engaging in hostile activities, contrary to s 7(1)(e) of the Crimes (Foreign Incursions and Recruitment) Act 1978 (Cth) (‘CFIRA’). The circumstances of your offending involved the transfer of electronic funds, either by you or by others acting at your direction, for the benefit of a man named Abedallah Karram. The transfers occurred on 11 separate occasions between June 2013 and September 2014, the total sum of which amounted to almost $16,000.00.
The maximum penalty for the offence of doing preparatory acts contrary to s 7(1)(e) of the CFIRA is 10 years’ imprisonment. That legislation has now been repealed and the relevant equivalent provisions are now contained in the Commonwealth Criminal Code.
On 4 December 2015, I heard an opening and submissions from Ms Abraham QC on behalf of the Commonwealth Director of Public Prosecutions followed by a plea from Mr Bayles of counsel on your behalf.
It is now my responsibility to sentence you for these offences. For reasons that will become apparent, there has been a significant delay in finalising the sentence now to be imposed on you and that is both unusual and regrettable.
Circumstances of offending
According to the Summary of Prosecution Opening, between 23 June 2013 and 16 September 2014 you, both personally and through a proxy, made 11 discrete money transfers to an individual named Abedallah Karram, a US citizen. As mentioned the 11 individual transfers, summarised in the table below, totalled $15,999.00.
No. Date $AUD Nominated recipient details Charge 1 24/06/13 $851 Karram Abdallah of 460 Bayridge Ave, Brooklyn NY 1 2 18/07/13 $638 Karram Abdallah of 460 Bayridge Ave, Brooklyn NY 1 3 22/10/13 $1585 Hamin, Hosni Abdel, Egypt. Born 23…
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- AGLC
- R v El Sabsabi [2016] VSC 740
- Case
- [2016] VSC 740
- Decision Date
CaseChat Overview and Summary
The court identified that the maximum penalty for the offence was 10 years imprisonment, but noted that the sentencing principles for terrorism offences could be relevant to the assessment of the objective seriousness of the offence. The court also considered the delay between the offence and the plea of guilty, the utilitarian benefit of a custodial sentence, the respondent’s rehabilitation and prospects for reintegration into the community, and the consequences of a return to custody. In determining the appropriate sentence, the court applied the principles set out in the relevant case law, including the need to ensure that the sentence reflects the seriousness of the offence and is proportionate to the offender’s culpability and the circumstances of the case.
The court found that the offence was of high objective seriousness, given the respondent’s intention to travel to Syria to join a known terrorist organisation and the potential for his actions to facilitate further terrorist activities. However, the court also noted that the respondent had pleaded guilty at an early stage, had shown genuine remorse, and had made efforts to rehabilitate himself while on bail. The court also considered the potential for a custodial sentence to have a negative impact on the respondent’s rehabilitation and prospects for reintegration into the community. In light of these factors, the court determined that a non-custodial sentence was appropriate, and imposed a Community Corrections Order with a term of three years, including supervision and other conditions aimed at preventing re-offending and promoting rehabilitation.
The court made a final order that Mr El Sabsabi be subject to a Community Corrections Order for a period of three years, with conditions including supervision, a curfew, and restrictions on his internet use and contact with certain individuals. The court also ordered that the respondent pay a fine of $5,000 and make reparations to the victim of a previous offence.
Orders
Orders of the court
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Background
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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