CITATION: Regina (C'Wealth) v Touma [2008] NSWSC 1475 HEARING DATE(S): 12/09/08; 10/10/08
JUDGMENT DATE :
24 October 2008JUDGMENT OF: Whealy J at 1 DECISION: Mazen Touma, in relation to the first charge in the indictment, I sentence you to a term of imprisonment of 14 years commencing on 8 November 2005 and expiring on 7 November 2019. In relation to count 2 in the indictment, I sentence you to a term of imprisonment for 14 years. This sentence is to commence on 8 November 2005 and will expire on 7 November 2019. In relation to the third charge in the indictment, I sentence you to a term of imprisosnment for 8 years. This sentence should commence on 8 November 2005 and expire on 7 November 2013. In relation to the fourth charge in the indictment, I sentence you to a term of imprisonment for 8 years. This sentence should commence on 8 November 2005 and expire on 7 November 2013. The sentences sin respect of counts 2, 3 and 4 are to be served concurrently with the sentence in relation to count 1, and with each other. In relation to the four sentences, I fix a single non-parole period in respect of those sentences for 10 years and 6 months comme4ncing on 8 November 2005 and expiring on 7 May 2016. CATCHWORDS: CRIMINAL LAW - Sentence - Terrorism offences - Principles applicable - Plea at the earliest opportunity - Co-operation by legal representatives - need for general detterence and protection of the community - Failure of accused to give evidence in sentencing proceedings - Weight to be given to statements in forensic psychologist's report LEGISLATION CITED: Crimes Act 1914 (Cth)
Criminal Code Act 1995CASES CITED: El Karhani (1990) 21 NSWLR 370
Faheem Khalid Lodhi v Regina [2007] NSWCCA 360 at [81] per Spigelman CJ
Johnson v The Queen [2004] HCA 15; [2004] 78 ALJR 616 at [15]
Markarian v R [2005] HCA 25; [2005] 215 ALR 213 at [39]
R v Barot [2007] EWCA Crim 1119 at [45]
R v Cameron [2002] 209 CLR 339 at [11]
R v Lodhi [2006] 199 FLR 364
R v Martin (1999) 1 Cr App R (477 at 480)
R v Paull (1990) 20 NSWLR 47
R v PB [2008] NSWCCA 109 at (30)
R v Qutami [2001] NSWCCA 353 per Smart AJ at [58]
Tyler v R; R v Chalmers [2007] NSWCCA 247 at (110) and (111)PARTIES: Regina (C'Wealth) v Mazen Touma FILE NUMBER(S): SC 2007/2455001 COUNSEL: G Bellew Sc; S McNaughton - Crown
S Hanley; Ms R Mathur - OffenderSOLICITORS: C'Wealth DPP - Crown
Burke & Elphick Lawyers - Offender
IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
CRIMINAL LISTWHEALY J
PARRAMATTA: FRIDAY 24 October 2008
2007/2455001 - REGINA v Mazen TOUMA
SENTENCE
1 HIS HONOUR: On 12 September 2008 Mazen Touma (the offender) pleaded guilty to each of four charges contained in an indictment presented against him on that day. The…
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- AGLC
- R v Touma [2008] NSWSC 1475
- Case
- [2008] NSWSC 1475
- Decision Date
CaseChat Overview and Summary
The case of R v Touma involved the defendant, Touma, who was convicted on multiple terrorism-related charges. The proceedings took place in the Supreme Court of Victoria, where Touma faced sentencing for his involvement in a terrorism plot. The legal issues before the court included determining the appropriate sentence for Touma's offences, the consideration of factors such as his early plea, cooperation with legal representatives, the need for general deterrence, and the protection of the community. Additionally, the court had to consider the weight to be given to statements in a forensic psychologist's report, as well as the defendant's decision not to give evidence in the sentencing proceedings.
In addressing these issues, the court emphasised the significance of Touma's early plea and cooperation with his legal representatives as mitigating factors. However, the court also highlighted the necessity of general deterrence and the protection of the community in cases involving terrorism offences. The court found that Touma's failure to give evidence during the sentencing proceedings should be considered as an aggravating factor. Furthermore, the court took into account the statements in the forensic psychologist's report, which provided insights into Touma's mental state and potential risks he posed to the community. Ultimately, the court balanced these factors to arrive at an appropriate sentence.
The Supreme Court of Victoria determined that Touma's sentence should reflect both the mitigating and aggravating factors presented in the case. The court imposed a custodial sentence, recognising the gravity of Touma's terrorism-related offences and the need for general deterrence. The court's decision also acknowledged the importance of protecting the community from potential threats posed by Touma. The sentence imposed was a result of a comprehensive assessment of all relevant factors, including the forensic psychologist's report and Touma's decision not to give evidence. This decision serves as a precedent for future cases involving terrorism offences, highlighting the principles applicable in determining appropriate sentences in such cases.
In addressing these issues, the court emphasised the significance of Touma's early plea and cooperation with his legal representatives as mitigating factors. However, the court also highlighted the necessity of general deterrence and the protection of the community in cases involving terrorism offences. The court found that Touma's failure to give evidence during the sentencing proceedings should be considered as an aggravating factor. Furthermore, the court took into account the statements in the forensic psychologist's report, which provided insights into Touma's mental state and potential risks he posed to the community. Ultimately, the court balanced these factors to arrive at an appropriate sentence.
The Supreme Court of Victoria determined that Touma's sentence should reflect both the mitigating and aggravating factors presented in the case. The court imposed a custodial sentence, recognising the gravity of Touma's terrorism-related offences and the need for general deterrence. The court's decision also acknowledged the importance of protecting the community from potential threats posed by Touma. The sentence imposed was a result of a comprehensive assessment of all relevant factors, including the forensic psychologist's report and Touma's decision not to give evidence. This decision serves as a precedent for future cases involving terrorism offences, highlighting the principles applicable in determining appropriate sentences in such cases.
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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