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These tables are intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

 

Terrorism Offences - Divisions 101-102 Criminal Code Act 1995 (Cth)

101.2 Providing or receiving training connected with terrorist acts
101.4 Possessing things connected with terrorist acts
101.5 Collecting or making documents likely to facilitate terrorist acts
101.6 Other acts done in preparation for, or planning, terrorist acts

102.2 Directing the activities of a terrorist organisation
102.3 Membership of a terrorist organisation
102.4 Recruiting for a terrorist organisation
102.5 Training involving a terrorist organisation
102.6 Getting funds to, from or for a terrorist organisation
102.7 Providing support to a terrorist organisation
102.8 Associating with terrorist organisations 

Name
(age if Known)

Date RefOffencesPleaSentenceAppealRecordInvolvement & Summary

THOMAS

(33)

[2006] VSC 120

(Cummins J)

Receiving funds from terrorist organisation,  knowing: s 102.6(1) [25y]

 

Possess false passport: s 9A(1)(e) Passports Act 1938 [2y]

VG

5y

 

 

 

1y

(concurrent)

 Nil

Involvement with high level operatives of Al Qaeda - received funds (US $3500) and airline ticket to Australia provided by high level operative of Al Qaeda - undertook paramilitary training at terrorist training camp of Al Qaeda in Pakistan – arrested at Pakistan airport.

Intelligent – manipulative - supportive family - excellent prospects for rehabilitation.

LODHI

(36)

[2006] NSWSC 691; (2006) 199 FLR 364

(Whealy J)

 

[2007] NSWCCA 360

(2007) 179 A Crim R 470

Doing  act in preparation for a terrorist act: s 101.6 [Life]

 

Collecting documents connected with preparation for terrorist act: s101.5(1) [15y]

 

Possess thing connected with preparation for a terrorist act, knowing: s 101.4(1) [15y]

VG

20y

 

 

 

10y

 

 

 

 

10y

 

Total:

20y

NPP 15y

ADNil

Offender planned to damage part of electricity system but no evidence as to precise nature of ultimate target – collected maps of Australian electricity supply system - sought information concerning availability of chemical materials capable of being used for manufacture of explosives or incendiary devices - possessed document containing information on ingredients for manufacture of poisons, explosives, detonators and incendiary devices connected with preparation for terrorist act - culpability "at a high level, although falling short of worst category of case": [55].

Prior good character

ATIK

(27)

[2007] VSC 299

(Bongiorno J)

Member of a terrorist organisation: s.102.3(1) [10y]

 

Intentionally provided to a terrorist organisation resources: s.102.7(1) [25y]

PG

5y

 

 

 

5y

 

Total:

5y 6m

NPP 4y 1m 14d

 Driving, dishonesty

Follower of Benbrika - obtained goods and services by dishonest means, especially airline tickets, for group - not permitted to be involved in more clandestine of group's discussions and activities - only a few relevant acts of assistance over relatively short period.

Schizophrenic, very low intellectual functioning - psychological and psychiatric disabilities – less appropriate subject for general deterrence - contrition and remorse - assistance to authorities.

TOUMA

(28)

[2008] NSWSC 1475

(Whealy J)

Doing act in preparation for terrorist act: s.101.6(1) [Life]

 

Doing act in preparation for terrorist act: s.101.6(1) [Life]

 

Possess thing connected with preparation for terrorist act: s.101.4(1) [15y]

 

Possess thing connected with preparation for terrorist act: s.101.4(1) [15y]

PG

(25%)

14y

 

 

 

14y

 

 

 

8y

 

 

 

 

8y

 

Total:

14y

NPP 10y 6m

 Limited.

Part of larger group - acquired substantial quantities of firearm ammunition - attempted to make improvised explosive devices - possessed collection of items including copper pipe, gun powder, 165 railway detonators, instructional notes, dismantled firearm ammunition - possessed collection of documents, including electronic documents, images, videos and audio files – first two counts very serious level - conduct deliberate and sustained - continuing course of criminal conduct - extremist views.

Stable upbringing – affected by anti-Islamic sentiment after 9/11 - some reason to accept has moved / moving away from extremism.

MULAHALILOVIC

(32)

 

 

 

 

 

 

 

 

 

 

 

Co-offender:

SHARROUF

[2009] NSWSC 1010

(Whealy J)

Possess thing, connected with preparation for terrorist act: s.101.4(2) [10y]

PG

(10%)

4y 8m

NPP 3y 6m

 Nil

Police found receipt in offender's wallet recording purchase of quantity of ammunition- torn page from notebook also found in wallet with notation related to ammunition - quantity of ammunition to which receipt related never located - ammunition mentioned in receipt capable of being used in variety of rifles - in possession of extremist literature and material - serious offence - part of group charged with serious terrorism offences - committed offence out of friendship and sympathies with extremist views.

Good character – cautious view that offender has abandoned his interest in extremism - remorse and acceptance of responsibility.

SHARROUF

(27)

[2009] NSWSC 1002

(Whealy J)

Possess thing connected with preparation for terrorist act: s.101.4(1) [15y]

PG

(25%)

5y 3m

NPP 3y 11m

 Minor.

Possession of 6 clocks and 140 batteries connected to preparation for terrorist act – items, when combined with other components capable of constructing six timed explosive devices - possession of extremist material - extremist views - one-off acquisition, not part of any course of continuing criminal conduct - towards higher end of scale objective seriousness

Finding as to objective seriousness moderated by existence of mental illness - capacity at time of offence to reason about actions and consequences likely to have been significantly impaired by mental illness (schizophrenia - depressive anxiety disorder).

Prospect for rehabilitation, though on cautious basis - remorse and acceptance of responsibility.

BENBRIKA

(48 at sentence)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Co-offenders

JOUD

SAYADI

MERHI

A. RAAD

E. RAAD

HADDARA

KENT

[2009] VSC 21

(Bongiorno J)

 

[2010] VSCA 281;

(2010) 29 VR 593

(2010) 204 A Crim R 457

Member of terrorist organisation: s.102.3(1) [10y]

 

Directing activities of terrorist organisation: s.102.2(1) [25y]

 

Possess thing connected with preparation for terrorist act: s.101.4(1) [15y]

VG

7y

 

 

 

15y

 

 

 

5y

 

 

Total:

15y

NPP 12y

AA

5y

 

 

15y

 

 

 

Conviction quashed

 

Total:

15y

NPP 12y

Nil

2004 – 2005 - Members of Melbourne-based terrorist organisation - fostering or preparing doing of terrorist act in Australia or overseas, with intention of causing death or serious physical harm - proposed terrorist act alleged to be intentional detonation of one or more explosive or incendiary devices, or use of weapons - religious obligation to pursue violent jihad against non-believers

Organisation membership based largely upon evidence derived from police intercepted conversations - organisation never got to point of committing a terrorist act before it was shut down.

In relative terms, organisation was towards lower end of scale of seriousness: CCA [561].

Benbrika – Founder and principal - member of organisation for whole of its existence - objective seriousness of membership and moral culpability greater than for any other offender - objective seriousness of actions in convincing prospective members of organisation to way of violent jihad, and his moral culpability at high end of scale of seriousness: CCA [561]-[562].

Trained as aviation engineer – married with children.

JOUD

(19-21 at offending; 24 at sentence)

 

 

 

 

 

 

 

 

 

 

 

 

 

Co-offenders

BENBRIKA

SAYADI

MERHI

A. RAAD

E. RAAD

HADDARA

KENT

[2009] VSC 21

(Bongiorno J)

 

[2010] VSCA 281;

(2010) 29 VR 593

(2010) 204 A Crim R 457

Member of terrorist organisation: s.102.3(1) [10y]

 

Provide resources to terrorist organisation: s.102.7(1) [25y]

 

Attempt make funds available to terrorist organisation: s.102.6(1) [25y]

 

Possess thing connected with preparation for terrorist act: s.101.4(1) [15y]

 

Possess thing connected with preparation for terrorist act: s.101.4(1) [15y]

VG

6y 6m

 

 

 

8y

 

 

 

8y

 

5

 

 

5y

 

 

 

 

5y

 

 

Total:

10y

NPP 7y 6m

AA

4y 6m

 

 

8y

 

 

 

5y

 

 

 

 

Conviction quashed

 

 

 

Conviction quashed

 

Total:

8y

NPP 6y

Nil

(for general facts see Benbrika above)

Nature and gravity of membership of organisation significantly less than Benbrika - member of consultative committee but in thrall of Benbrika: CCA: [571]-[572] - objective gravity of offence of attempting to provide funds was more towards lower end of range: CCA [571]

Youth - worked for father's construction company – supportive family and community.

SAYADI

(29 at sentence)

 

Co-offenders

BENBRIKA

JOUD

MERHI

A. RAAD

E. RAAD

HADDARA

KENT

[2009] VSC 21

(Bongiorno J)

 

 

 

[2010] VSCA 281;

(2010) 29 VR 593

(2010) 204 A Crim R 457

Member of terrorist organisation: s.102.3(1) [10y]

 

Provide resources to terrorist organisation: s.102.7(1) [25y]

VG

6y 6m

 

 

 

8y

 

 

Total:

8y

NPP 6y

AA

4y 6m

 

 

7y

 

 

Total:

7y

NPP 5y 3m

Minor - not relevant.

(for general facts see Benbrika above)

One of 'elders' of organisation, but involvement was less than Benbrika and Joud: CCA [580].

Various periods of employment – supportive family and community.

MERHI

(23 at sentence)

 

Co-offenders

BENBRIKA

JOUD

SAYADI

A. RAAD

E. RAAD

HADDARA

KENT

[2009] VSC 21

(Bongiorno J)

 

[2010] VSCA 281;

(2010) 29 VR 593

(2010) 204 A Crim R 457

Member of terrorist organisation: s.102.3(1) [10y]VG6y

AA

4y

Nil.

(for general facts see Benbrika above)

Role in organisation less than Sayadi's, and younger than Sayadi - consequently, objective seriousness and moral culpability of offending less than Sayadi: CCA: [582].

Married with one child – close to completing electrical apprenticeship – youth – character – supportive wife.

A. RAAD

(25 at sentence)

 

 

 

Co-offenders

BENBRIKA

JOUD

SAYADI

MERHI

E. RAAD

HADDARA

KENT

[2009] VSC 21

(Bongiorno J)

 

[2010] VSCA 281;

(2010) 29 VR 593

(2010) 204 A Crim R 457

Member of terrorist organisation: s.102.3(1) [10y]

 

Provide resources to terrorist organisation: s.102.7(1) [25y]

 

Attempt make funds available to terrorist organisation: s.102.6(1) [25y]

VG

6y 6m

 

 

 

8y

 

 

 

8y

 

Total:

10y

NPP 7y 6m

AA

4y 6m

 

 

8y

 

 

 

5y

 

Total:

8y

NPP 6y

Nil

(for general facts see Benbrika above)

Treasurer - important member of organisation - objective seriousness and moral culpability of count 1 same as Joud: CCA: [590], [596] - objective gravity of count 3 more towards lower end of range: CCA: [598].

Married with child – supportive family and community – various periods employment.

E. RAAD

(26 at sentence)

 

Co-offenders

BENBRIKA

JOUD

SAYADI

MERHI

A. RAAD

HADDARA

KENT

[2009] VSC 21

(Bongiorno J)

 

[2010] VSCA 281;

(2010) 29 VR 593

(2010) 204 A Crim R 457

Member of terrorist organisation: s.102.3(1) [10y]

 

Attempt make funds available to terrorist organisation: s.102.6(1) [25y]

VG

6y

 

 

 

6y

 

Total:

7y 6m

NPP 5y 9m

AA

4y

 

 

4y

 

Total:

6y

NPP 4y 6m

Nil

(for general facts see Benbrika above)

Participation in activities and involvement in attempt to provide funds to organisation less than A.Raad: CCA: [604].

Electrician apprenticeship – married with children – supportive family and community.

HADDARA

(29 at sentence)

 

Co-offenders

BENBRIKA

JOUD

SAYADI

MERHI

A. RAAD

E.RAAD

KENT

[2009] VSC 21

(Bongiorno J)

 

[2010] VSCA 281;

(2010) 29 VR 593

(2010) 204 A Crim R 457

Member of terrorist organisation: s.102.3(1) [10y]VG

6y

NPP 4y 6m

AA

4y

NPP 3y

Nil

(for general facts see Benbrika above)

Member of organisation for only a few weeks before being arrested: CCA: [606].

Young age - stable employment record - family support.

KENT

(32 at sentence)

 

Co-offenders

BENBRIKA

JOUD

SAYADI

MERHI

A. RAAD

E.RAAD

HADDARA

[2009] VSC 375

(Bongiorno J)

Member of terrorist organisation: s.102.3(1) [10y]

 

Making a document connected with assistance in a terrorist act: s.101.5(2) [10y]

PG

4y 6m

 

 

 

2y 6m

 

Total:

3y 9m

  

(for general facts see Benbrika above)

Contributed to production of jihadi video to be published online - criminality in respect of membership of organisation falls at about mid-point or slightly below - similar to E.Raad or Merhi, and considerably less than other co-accused

Student – married with children.

KHAZAAL (No. 2)

[2009] NSWSC 105

(Latham J)

 

[2013] NSWCCA 140

(2013) 304 ALR 345

(2013) 233 A Crim R 106

Making a document connected with assistance in terrorist act: s 101.5(1) [15y]VG

12y

NPP 9y

ADOverseas convictions (terrorist related activity)

Published on internet compilation of book in Arabic called "Provisions on the Rules of Jihad" – compiled from material on internet - discussed means of assassinating and identities of targets that should be assassinated –- book advanced religious or ideological justifications for violent struggle - objective seriousness of offence "not far removed from worst category of an offence"

Could not be regarded as person of prior good character in light of various foreign convictions - no remorse – poor rehabilitation prospects.

ELOMAR

(40)

 

 

 

 

HASAN

(35)

 

 

 

 

K.CHEIKHO

(32)

 

 

 

 

M.CHEIKHO

(28)

 

 

 

JAMAL

(20)

[2010] NSWSC 10 (Whealy J);

(2010) 264 ALR 579

 

[2014] NSWCCA 303

(2014) 316 ALR 206

(2014) 300 FLR 323

Conspiracy to commit act in preparation / planning for a terrorist act: ss 101.6(1) / 11.5(1) [Life]

 

Conspiracy to commit act in preparation / planning for a terrorist act: ss 101.6(1) / 11.5(1) [Life]

 

Conspiracy to commit act in preparation / planning for a terrorist act: ss 101.6(1) / 11.5(1) [Life]

 

Conspiracy to commit act in preparation / planning for a terrorist act: ss 101.6(1) / 11.5(1) [Life]

 

Conspiracy to commit act in preparation / planning for a terrorist act: ss 101.6(1) / 11.5(1) [Life]

VG

 

 

 

 

 

VG

 

 

 

 

 

VG

 

 

 

 

 

VG

 

 

 

 

 

VG

28y

NPP 21y

 

 

 

 

26y

NPP 19y 6m

 

 

 

 

27y

NPP 20y 3m

 

 

 

 

26y

NPP 19y 6m

 

 

 

 

23y

NPP 17y 3m

AD

 

 

 

 

 

AD

 

 

 

 

 

AD

 

 

 

 

 

AD

 

 

 

 

 

AD

Nil

 

 

 

 

 

Nil

 

 

 

 

 

Nil

 

 

 

 

 

Nil

 

 

 

 

 

Nil

Over 6 month period (late 2004-2005) each agreed to detonate explosive devices, or use firearms for terrorist act - no specific target identified - amassed armoury of firearms and ammunition, purchased laboratory equipment, obtained chemicals and materials suitable for use in manufacture and detonation of explosives - not satisfied beyond reasonable doubt intention was plan to kill but each offender countenanced possibility of loss of life: [65] – serious offence falling only marginally short of most serious case: [69] – conspiracy well-advanced although amateurish: [68].

Elomar and K.Cheikho - directly involved in purchase of ammunition

Elomar and Hasan - purchased laboratory equipment

Hasan and Jamal - ordering and purchase of chemicals

Each offender collected literature about manufacturing and detonating explosives, and extremist literature advocating "Jihad".

Elomar - role more senior.

K.Cheikho - co-ordinator of conspiracy - occupied senior position.

Each offender - poor prospects of rehabilitation given absence of remorse and lack of withdrawal of extremist views.

CCA: Lack of target for attack not supportive of manifest excess where offence directed to preparatory acts — SJ correctly considered "mindset" of offenders as distinctive feature of offending not as aggravating factor.

FATTAL

(35)

 

 

 

AWEYS

(25 at offence, 29 at sentence)

 

 

 

 

 

 

EL SAYED

(25 at offence, 27 at sentence)

[2011] VSC 681 (King J)

 

[2013] VSCA 276

Conspiracy to commit act in preparation / planning for a terrorist act: ss.101.6(1) / 11.5(1) [Life]

 

Conspiracy to commit act in preparation / planning for a terrorist act: ss.101.6(1) / 11.5(1) [Life]

 

 

 

Conspiracy to commit act in preparation / planning for a terrorist act: ss.101.6(1) / 11.5(1) [Life]

VG

 

 

 

 

 

VG

 

 

 

 

 

 

 

VG

18y

NPP 13y 6m

 

 

 

 

18y

NPP 13y 6m

 

 

 

 

 

 

18y

NPP 13y 6m

Conviction AD

Sentence AD

Crown AD

Minor – not indicated

 

 

 

 

Intentionally causing injury, Assault, threatening serious injury (no violence since 2005)

 

Nil

Proposed terrorist act to attack on Army Base at Holsworthy, Sydney - to shoot and kill as many soldiers and other persons as possible -most ameliorating factor is amateurish level at which all offenders were operating and that conspiracy did not advance to any significant degree: [87] – each offender played different role - no one emerges as leader or follower: [91] – target chosen and intention to kill: [85] – no purchase or gathering of weapons: [95]-[96].

Fattal - visited army base and reported base would be easy target - cognitive impairment from low intellectual functioning – rigid in views of Islam – difficult behaviour in custody.

El Sayed and Aweys - continuing ongoing involvement in conspiracy, particularly, seeking of fatwa or approval from Muslim clerics to carry out an attack on Holsworthy.

Absence of remorse or behaviour indicating renouncement of their extremist views: [83] – slim prospects for rehabilitation: [99].

BESIM

(18)

[2016] VSC 537

Croucher J

 

[2017] VSCA 158

Doing act in preparation / planning for a terrorist act: s.101.6(1) [Life]PG

10y

NPP 7y 6m

Crown AA

14y

NPP 10y 6m

Nil

Plan to drive car to kill, then behead, law enforcement officer on ANZAC Day –communicated with another person in UK via telegram messaging and conducted internet searches – plan foiled by police a week before ANZAC Day - objectively very serious offence - planned over a month – one target as opposed to many victims - one death intended - offender was to act alone.

Youth – previous good character – supportive family - good prospects rehabilitation although SJ not prepared positively to accept renounced violent jihadism.

VSCA: Personal mitigatory factors of limited weight – grave example offending – high moral culpability

MHK

(17 at time of offence)

[2016] VSC 742

Lasry J

Act in preparation / planning for a terrorist act: s.101.6(1) [Life]PG

7y

NPP 5y 3m

 Nil

Planned to build and detonate bomb in populated area - acquired materials necessary to make bomb - activities elaborate and carefully planned - Islamic State recruiter providing information – intention to carry out terrorist attack - very serious case.

Stable supportive family – character - good prospects of rehabilitation – youth - apparent rehabilitation and rejection of extreme jihadi ideas

AL-KUTOBI

(24)

 

 

 

 

KIAD

(26)

[2016] NSWSC 1760

Garling J

Conspiracy to commit act in preparation / planning for a terrorist act: ss.101.6(1) / 11.5(1) [Life]

 

Conspiracy to commit act in preparation / planning for a terrorist act: ss.101.6(1) / 11.5(1) [Life]

PG

 

 

 

 

 

PG

20y

NPP 15y

 

 

 

 

20y

NPP 15y

 

Nil

 

 

 

 

 

Nil

Offenders' conspiracy included detonating improvised explosive device to damage or destroy a building and using a bladed weapon to cause serious harm or death to a person - arrested at their flat - police recovered number of items including explosive materials, machete, hunting knife, homemade Islamic State flag, homemade balaclava, handwritten notes and video pledging allegiance to Islamic State and violence - objective seriousness above mid-range.

Unable to form view about prospects of successful rehabilitation for either offender.

GHAZZAWY

(18 at offence, 21 at sentence)

 

 

 

 

 

 

 

Co-offenders:

KHALID

J.ALMAOUIE

IM

M.ALMAOUIE

SAID

[2017] NSWSC 474

Bellew J

Making a document connected with assistance in a terrorist act: s.101.5(1) [15y]

PG

(15%)

8y 6m

NPP 6y 4m

 Nil

Preparation of terrorist acts recorded in handwritten documents by offender – wrote of plan to attack AFP building, conduct guerrilla warfare in Blue Mountains and attack on Lithgow jail – part of "Khalid group" – offender's state of mind at time of offending consistent with what he wrote - reflected unequivocal commitment to violent jihadist beliefs which manifested in plan to engage in violent attack - specific identification of two proposed targets, reference to specific areas in which those targets located, reference to degree to which those areas might impact upon any proposal to carry out violent attack – offending not spontaneous.

Youth - some prospect of rehabilitation.

KHALID

(20)

 

 

 

 

J.ALMAOUIE

(21)

 

 

 

 

 

 

 

 

 

 

IM

(14)

 

 

 

 

 

M.ALMAOUIE

(19)

 

 

 

 

SAID

(22)

 

Co-offender:

GHAZZAWY

[2017] NSWSC 1365

Bellew J

 

Conspiracy to commit act in preparation / planning for a terrorist act: ss 101.6(1) / 11.5(1) [Life]

 

Conspiracy to commit act in preparation / planning for a terrorist act: ss 101.6(1) / 11.5(1) [Life]

 

4 x Firearms offences

 

Sched:

4 firearms offence

 

 

Conspiracy to commit act in preparation / planning for a terrorist act: ss 101.6(1) / 11.5(1) [Life]

 

Making a document connected with assistance in a terrorist act: s.101.5(1) [15y]

 

 

Making a document connected with assistance in a terrorist act: s.101.5(1) [15y]

PG

(10%)

 

 

 

 

PG

(10%)

 

 

 

 

 

 

 

 

 

 

 

PG

(10%)

 

 

 

 

 

PG

(10%)

 

 

 

PG

(10%)

22y 6m

NPP 16y 9m

 

 

 

 

18y 10m

NPP 14y 2m

 

 

 

 

12m

 

Total:

19y 9m 21d

NPP 15y 1m 21d

 

 

13y 6m

NPP 10y 1m

 

 

 

 

 

9y

NPP 6y 9m

 

 

 

9y 6m

NPP 7y 1m

 

Stalk and intimidate

 

 

 

 

 

Nil

 

 

 

 

 

 

 

 

 

 

 

 

Firearms offences related to conspiracy

 

 

 

 

 

Minor drug offences

 

 

 

nil

Conspired over 6 weeks to do violent acts to further jihad in Australia – unresolved but to involve firearms, killing of police officers and attacking government buildings – all offenders committed to violent extremism and general deterrence important

KHALID – leader of group – responsible for co-ordinating many aspects of conspiracy – level above co-offenders

 

IM – high level in conspiracy

 

J.ALMAOUIE – joined late but involvement still serious – upper end of scale just below K – firearms offences related to conspiracy – could not backdate conspiracy sentence but total sentence to reflect sentence for conspiracy

 

M.ALMAOUIE – not charged with conspiracy – wrote one document only – sort but reflected violent purpose and was disseminated among group

 

SAID – not charged with conspiracy – wrote two documents – showed preplanning – committed jihadist

Last updated: 9.11.2017

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