R v Lelikan (No 5)

Lelikan, a resident of Western Australia, was sentenced following his conviction for being a member of a terrorist organisation. The court was required to determine the appropriate sentence, considering the nature of Lelikan’s involvement with the Kurdistan Workers’ Party (PKK) and its armed wing, the People’s Defence Forces (HPG). Lelikan spent over two years travelling with PKK and HPG guerrillas, wearing their uniform and carrying their accoutrements, including weaponry.

The legal issues the court needed to decide included the characterisation of Lelikan’s offending, specifically whether it could be considered as that of a sympathetic chronicler of the events of the struggle, and the nature of the PKK as a terrorist organisation. The court also had to consider the principles articulated in Bugmy v The Queen, which address the sentencing of Indigenous offenders, in assessing whether a sentence of full-time custodial imprisonment was required.

In determining the appropriate sentence, the court examined the nature of Lelikan's involvement with the PKK and HPG, noting his extensive participation in their activities. It also considered the objectives of sentencing, including denunciation, deterrence, and rehabilitation. The court concluded that a sentence of full-time custodial imprisonment was necessary, taking into account the seriousness of the offence, the need for appropriate punishment, and the protection of the community. The court imposed a sentence of seven years imprisonment, with a non-parole period of five years and three months.

The court ordered that Lelikan be detained in a correctional facility until the expiration of his sentence, with the possibility of parole after serving the non-parole period. The decision underscored the importance of considering both the gravity of the offence and the individual circumstances of the offender in determining an appropriate sentence.