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DPP v Sa’Adat Khan [2022] VCC 959

The offender was sentenced following a plea of guilty to 1 count of providing support or resources to a terrorist organisation, namely Islamic State. Offender additionally sentenced for failing to comply with an order.

Nature and Circumstances: Offending may have been at the low end of the scale, but it is nevertheless to be denounced. It is always a serious offence when anybody dabbles in terrorist activity.

Contrition: In contrast with other persons in the offender’s position who have given evidence on oath in support of their remorse and contrition, offender did not do so. Offender cannot be found to be genuinely remorseful, though their plea of guilty is consistent with an acceptance of criminal responsibility and expression of contrition is encouraging. There is no evidence the offender has renounced their adherence to violent jihad.

Age: Offender was 18 at the time of offending. Though relevant, in the case of terrorism offences where there is a high degree of need for general deterrence and just punishment and protection of the public, this factor should carry significantly less weight. Offending did arise in the context where they were socially isolated to a point where they were susceptible at a young age to online communications leading to their radicalisation. Offender is only 24 years and will have time to take advantage of opportunities to put this matter behind them.

Offender sentenced to 2 years and 5 months imprisonment with respect to terrorism offence with a total effective sentence of 2 years and 6 months and non-parole period of 1 year and 11 months.
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