Summary

Youssef Uweinat was sentenced to 3 years and 11 months for being a member of Islamic State and intentionally advocating terrorism. First introduced to Islam at age 14 by street preachers. Then, in early 2019, he reconnected with individuals "well-known to national security authorities" who exposed him to extremist ideology.

Over six months, he created and disseminated Islamic State propaganda featuring Australian landmarks. Parliament House. Sydney Town Hall. Anzac Bridge. He deliberately involved young persons, including children, in the production of extremist content.

The case documents the street preacher recruitment pathway. And it revealed that Uweinat received three letters in prison from Isaac El Matari, the self-declared ISIS Commander for Australia, addressed to him using his jihadi name "Abu Musa al-Maqdisi."

Key Facts

Uweinat pleaded guilty to two offences committed between 5 June 2019 and 4 December 2019: being a member of Islamic State (s 102.3(1) of the Criminal Code, maximum penalty 10 years); and intentionally advocating the doing of a terrorist act or commission of a terrorism offence (s 80.2C(1) of the Criminal Code, maximum penalty 5 years). Arrested 4 December 2019.

Uweinat was first introduced to Islam at approximately age 14, around 2012, by street preachers. One was a woman whose husband was subsequently killed fighting in Syria. She later died there herself. After his initial conversion, Uweinat went through periods of drug use—cocaine and cannabis—and "clubbing and binge drinking" through his teens.

In February 2019, he reconnected with persons described as "well-known to national security authorities" who exposed him to extremist ideology. He was "tiring of hedonistic routine and seeking a change." Rapid radicalization commenced.

During the six-month offending period, Uweinat created extensive Islamic State propaganda. On 7 August 2019, he filmed a young child in school uniform wearing his black and white balaclava, displaying the finger of Tawheed, and reciting: "Offender: Exalt Allah. Child: Allah is the Greatest. Offender: The Islamic State. Child: It will remain." He saved an image of himself wrapped in a shemagh with a young person wearing his balaclava, with an IS flag superimposed on the young person's forehead.

When cross-examined about involving young children in this propaganda, Uweinat admitted it was "stupid." He acknowledged such behavior could impact "developing extremism in people."

Uweinat targeted Australian landmarks in his propaganda. On 3 August 2019, he created an image of himself in a vehicle displaying the finger of Tawheed, overlaid with a graphic depicting Parliament House flying a black flag with the words "Canberra" and "ready to take over or become green birds"—a reference to martyrdom. He shared images of the Sydney Town Hall and Anzac Bridge with Islamic State flags watermarked on them.

Justice Bellew noted that in creating this propaganda, Uweinat "acted in a way which had the potential to threaten the very freedom which characterises the Australian way of life."

Uweinat's membership of ISIS was informal. He told the court he pledged allegiance by copying and pasting a typed oath onto his social media channel. Considered himself a member though there was no formal process. In text conversations, he used "we" when referring to Islamic State. Told others "I gave Bay'a"—pledge of allegiance. In one conversation on 2 October 2018: "You don't know how much I love them" and "Don't dare speak a word against them."

In May 2020, police executed search warrants on Uweinat's prison cell at the High Risk Management Centre at Goulburn. They seized three letters from Isaac El Matari addressed to Uweinat as "Abu Musa al-Maqdisi"—a name Uweinat had adopted for his martyrdom images.

El Matari continued recruiting and communicating with network members from prison six months after his own arrest. The Court noted that El Matari was not on Uweinat's approved association list in custody.

Sentence

Justice Bellew sentenced Uweinat to concurrent sentences totaling 3 years and 11 months imprisonment with a non-parole period of 2 years and 11 months, commencing 4 December 2019 and expiring 3 November 2023. For the advocacy offence, 1 year and 8 months (4 December 2019 to 3 August 2021). For the membership offence, 3 years and 8 months (4 March 2020 to 3 November 2023).

The sentences reflected a 25% discount for the early guilty pleas. Justice Bellew found Uweinat genuinely contrite and accepted his evidence that he had renounced his extremist views. The judge noted that Uweinat's offending occurred at age 21 after he was exposed to extremist ideology "at a vulnerable period in his life when he was seeking direction and change." His immaturity played a part in the offending.

But the judge warned Uweinat pursuant to s 105A.23 of the Criminal Code that an application may be made for continued detention after completion of his sentence under Division 105A terrorism high-risk offender provisions.

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