CITATION: R v Khazaal [2009] NSWSC 1015
This decision has been amended. Please see the end of the judgment for a list of the amendments.HEARING DATE(S): 11, 13, 14, 15, 18, 19, 20, 21, 25, 26, 27, 28, 29 August; 1, 2, 3, 4, 5, 8, 9, 10, September, 14th November, 12th December 2008, 20th February 17th April, 31st July, 2009.
JUDGMENT DATE :
25 September 2009JUDGMENT OF: Latham J DECISION: Offender convicted of the offence of making a document connected with assistance in a terrorist act. Sentenced to 12 years imprisonment, to date from 31 August 2008. A non parole period of 9 years. Eligible for release to parole after 31 August 2017. CATCHWORDS: CRIMINAL LAW - Sentence - Make a document connected with assistance in a terrorist act - Objective gravity of offence not far below worst category - No mitigating factors LEGISLATION CITED: Criminal Code (Clth)
Crimes Act (Clth)CASES CITED: Lodhi v R [2006] NSWCCA 121
R v Javed [2008] 2 Cr App R (S) 12
R v Postiglione (1991) 24 NSWLR 585
R v Lodhi (2006) 199 FLR 364
R v Demirian (1988) 33 A Crim R 441
R v Barot [2007] EWCA Crim 1119
R v Benbrika & Ors [2009] VSC 21PARTIES: Regina - Crown
Belal Saadalah Khazaal - OffenderFILE NUMBER(S): SC 2005/2994001 COUNSEL: P Neil SC, Mr Andrews , Ms Callan - Crown (C'Wealth)
G Thomas, P Lange - OffenderSOLICITORS: Commonwealth Director of Public Prosecutions - Crown
Lawyers Corp - Offender
OF NEW SOUTH WALES
COMMON LAW DIVISIONLATHAM J
25 SEPTEMBER 2009
SENTENCE2005/2994003 REGINA v BELAL SAADALLAH KHAZAAL
On 10 September 2008 the prisoner was found guilty by a jury of the offence of making a document connected with assistance in a terrorist act, knowing of that connection, pursuant to s 101.5(1) of the Criminal Code (Clth). The offence was committed between 20 and 23 September 2003. It carries a maximum penalty of 15 years imprisonment.
The Offence
2 Much of the evidence at trial was not in dispute. It was never disputed that the prisoner made a document, in the sense that he compiled a book in Arabic, titled “Provisions on the Rules of Jihad”, which was the result of a number of downloads by him of various articles from internet sites over the relevant 3 day period. The prisoner thus selected the contents of the book and placed the chapters in a designated order. Nor was it disputed that the prisoner undertook a number of editorial changes and contributed some commentary of his own to the book, including a dedication and part of an introduction. The prisoner also added a small number of footnotes and re-numbered many others.
3 It was not disputed that the book included material that referred to targeting foreign governments, including the presidents, foreign ministers, ministers of defence and “high ranking generals” of the governments of America, Britain, France, Germany, Australia, Canada, Russia, India and other NATO countries. Parts of…
Continue reading R v Khazaal
Sign in free to access the full text
- AGLC
- R v Khazaal [2009] NSWSC 1015
- Case
- [2009] NSWSC 1015
- Decision Date
CaseChat Overview and Summary
The court needed to assess the severity of the offence, which involved creating a document that could assist in a terrorist act, and determine whether it fell close to the worst category in terms of its gravity. Additionally, the court had to consider whether any mitigating factors were present that could influence the sentence. The defendant's legal team argued for a lesser sentence based on potential mitigating circumstances, but the prosecution contended that the objective seriousness of the offence warranted a severe penalty.
The High Court held that the objective gravity of the offence was indeed very high, nearly reaching the worst category. The court found no mitigating factors that could reduce the severity of the sentence. Consequently, the court imposed a significant custodial sentence on the defendant, reflecting the serious nature of the offence and the potential threat it posed to public safety. The court's decision emphasised the need to deter such activities and to ensure that those involved in terrorist-related offences are appropriately punished.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.