Site Logo

R v Amin [2021] NSWSC 1267

The offender was sentenced following pleas of guilty for 1 count of doing acts in preparation for, or planning, a terrorist act or acts contrary to s 101.6(1) of the Commonwealth Criminal Code and 1 count of attempting to intentionally export goods, being Tier 1 goods, comprising material that advocated the doing of a terrorist act, being reckless as to the fact that the goods were Tier 1 goods contrary to s 233BAA(5) of the Customs Act 1901 (Cth) and the Commonwealth Criminal Code.  

Nature and Circumstances: Offending took place over 8.5 months and consisted of conversations, messages and discussions where offender explored ways of travelling to Bangladesh to overthrow the government there. Finally, the offender attempted to leave Australia and fly to Bangladesh. Offender chose to explore the path of violence but had not engaged with it in any meaningful way prior to attempting to travel to Bangladesh. The totality of the acts do not disclose any firm, fixed or developed plans for engaging in terrorism activities in Bangladesh. Customs Act offence involves taking publications overseas which is towards bottom end of offences.  

Guilty Plea: Formal plea was not entered until very late in the proceedings and whilst there was utilitarian value in that plea which might have been greater with an earlier plea, from an early time the offender was subjectively willing to facilitate the course of justice by offers to plea guilty to one offence. Appropriate discount for plea of guilty is 20%.  

Rehabilitation: Offender rejected the proposition that they still held a grievance about how Muslims were treated in Australia, but agreed that the treatment of Muslims was a continuing issue in the world. Offender said they would prefer to live in an Islamic country governed by Sharia law than to live in Australia. Whilst offender has not had the opportunity to engage in any interventions, they have renounced or else are well on the way to renouncing extremist IS ideology.  

Offender sentenced to 5 years and 4 months imprisonment with a 4 year non-parole period.
The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

© 2023 The National Judicial College of Australia (NJCA). Powered by

Privacy Policy|Terms and Conditions