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DPP (Cth) v Brookman [2023] VCC 97

Offender was sentenced following pleas of guilty to 4 counts of breaching a Control Order contrary to s 104.27(1) of the Commonwealth Criminal Code.

Nature and Circumstances: Offending was on the lower spectrum of gravity for offences under Division 104. It could be considered a less serious example of the offence as it did not involve accessing, supporting, or facilitating any terrorism-related activity.

Guilty Plea: In relation to count 4. offender’s counsel submitted that the evidence is unable to disprove that offender was simply responding to an automatic software request to update their password. Offender’s plea on this offence is very significant in that the Commonwealth may not have been able to make out this offence at trial.

Rehabilitation: Based on limited material before the Court, offender’s prospects of rehabilitation are guarded to reasonable. Offender’s prospects will ultimately depend on their engagement in employment and other pro-social activities with the commitment the like of which offender is well capable.

Offender sentenced to 1 year and 6 months imprisonment with a non-parole period of 15 months. On count 4, offender convicted without proceeding to sentence to be released on recognizance of $500 to be of good behaviour for 1 year with the condition that offender maintain their engagement with the Board of Imams for the period of the Bond.
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.

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