| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
| AT MELBOURNE |
CRIMINAL DIVISION
S CR 2018 0068
S CR 2018 0069
S CR 2018 0070
| THE QUEEN |
| v |
| AHMED MOHAMED, ABDULLAH CHAARANI HATIM MOUKHAIBER |
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JUDGE: | Tinney J |
WHERE HELD: | Melbourne |
DATES OF HEARING: | 13 May, 14 and 26 June 2019 |
DATE OF SENTENCE: | 24 July 2019 |
CASE MAY BE CITED AS: | R v Mohamed, Chaarani & Moukhaiber |
MEDIUM NEUTRAL CITATION: | [2019] VSC 498 (Revised on 25 July 2019) |
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CRIMINAL LAW – Sentence – Engaging in and attempting to engage in a terrorist act – Shia mosque destroyed by fire, after earlier unsuccessful attempt by two offenders – All three offenders Sunni Muslim adherents to ideology of Islamic State – Crimes carried out to advance ideology of Islamic State and to intimidate Shia Muslims – Strength of adherence to ideology – No acceptable evidence of de-radicalisation – Serious terrorist offences – Important sentencing purposes – Sentences of 22 years’ imprisonment with a non-parole period of 17 years for Mohamed and Chaarani – Sentence of 16 years with a non-parole period of 12 years for Moukhaiber.
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr N Robinson QC with Mr A Sim | Commonwealth Director of Public Prosecutions |
| For the Accused Mohamed | Mr J Kelly SC with Mr M Page | Leanne Warren and Associates |
| For the Accused Chaarani | Mr P Tehan QC with Mr L Richter | James Dowsley and Associates |
| For the Accused Moukhaiber | Ms F Gerry QC with Mr J Anderson | Stary Norton Halphen |
HIS HONOUR:
Introduction
Ahmed Mohamed, Abdullah Chaarani and Hatim Moukhaiber, early in the morning of 11 December 2016, motivated by hatred, intolerance, malevolence, and misguided piety, the three of you went by cover of night into a place of religious worship in a suburb of Melbourne, intent on destroying it by fire. You comprehensively achieved your aim, deriving, so it seems, great satisfaction from the outcome. The crime you committed on that morning was motivated by a strong belief in extreme views which have no place in this or in any civilized society. Your particular purposes were to advance what to most sensible people can only be seen as being a perverse ideology, and more particularly, to strike a blow against, and to intimidate and cause terror to, Shia Muslims. Stated thus, your crime was a heinous one. However, there is more to it than that. What you did reflected an attack upon a fundamental value in our society, namely, religious freedom, an attack upon the conventions and beliefs that all Australians hold dear, and indeed, an attack upon this society itself, a society under whose protection and sharing whose benefits you have lived throughout your lives in Australia. Looked at rationally, your crime is very difficult to understand, and quite impossible to excuse.
You have all been found guilty by a jury of offences connected with terrorist attacks upon the Imam Ali Islamic Centre, (‘the mosque’), a Shia Islamic community prayer and religious centre located at 90…
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- AGLC
- R v Mohamed [2024] VSC 788
- Case
- [2019] VSC 498
- Decision Date
CaseChat Overview and Summary
The court addressed several legal issues, including the significance of the adherence to the ideology of the Islamic State, the importance of the sentencing principles, and the specific circumstances of each offender. It was necessary to weigh the gravity of the terrorist offences against the offenders' personal characteristics and the potential for rehabilitation. The court also had to consider the need for deterrence and the protection of the community. The defendants' strong adherence to the ideology and the absence of any evidence of de-radicalisation played a crucial role in determining the sentences.
In delivering the judgment, the court emphasised the gravity of the terrorist offences and the importance of general and specific deterrence. The court found that the offenders' actions posed a significant threat to the community and that their strong adherence to the ideology of the Islamic State made it unlikely that they could be rehabilitated. Consequently, the court imposed sentences of 22 years’ imprisonment with a non-parole period of 17 years for Mohamed and Chaarani, and a sentence of 16 years with a non-parole period of 12 years for Moukhaiber. The sentences reflected the need to uphold the rule of law, protect the community, and deter similar offences in the future.
The final orders of the court included the imposition of the aforementioned sentences for each of the three offenders. The court also noted that the sentences were to be served concurrently, reflecting the joint nature of the criminal activities. The offenders were to be subject to the standard conditions of parole, including supervision and restrictions on their activities, to ensure the safety and security of the community.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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