Full Court Minute Books

Case S37/2024

The King v. Hatahet

Case No.


Case Information

Lower Court Judgment

29/11/2023 Supreme Court of New South Wales (Court of Criminal Appeal) (Basten AJA, Davies, Cavanagh JJ)

[2023] NSWCCA 305


Criminal law – Sentencing – Terrorism offences – Parole only available in exceptional circumstances – Manifestly excessive – Crimes Act 1914 (Cth), s 19ALB – Where respondent sentenced to imprisonment of 5 years with non-parole period of 3 years for engaging in hostile activity in foreign country – Where respondent successfully appealed sentence on basis aggregate sentence manifestly excessive – Where Court of Criminal Appeal resentenced respondent to imprisonment of 4 years with non-parole period of 3 years – Where s 19ALB inserted into Crimes Act by Counter-Terrorism Legislation Amendment (2019 Measures No 1) Act 2019 (Cth) – Where s 19ALB provides "the Attorney-General must not make a parole order... unless the Attorney-General is satisfied that exceptional circumstances exist to justify making a parole order" – Whether in sentencing for offence to which s 19ALB applies court should or may take into account effect of s 19ALB and unlikelihood of parole – Whether Court of Criminal Appeal erred in concluding sentencing judge committed error in principle in not considering s 19ALB of Crimes Act in sentencing respondent – Whether Court of Criminal Appeal erred in concluding expectation and/or fact parole would be refused due to s 19ALB of Crimes Act warranted imposition of lesser sentence than imposed by sentencing judge.


07/03/2024 Determination

20/03/2024 Notice of appeal

03/04/2024 Written submissions (Appellant)

03/04/2024 Chronology (Appellant)

22/04/2024 Written submissions (Respondent)

29/04/2024 Reply

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