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IM v The Queen [2019] NSWCCA 107

appeal against sentence — conspiracy to commit preparatory terrorism act offence contrary to ss 11.5 and 101.6(1) of Commonwealth Criminal Code — original sentence imposed 13 years and 6 months imprisonment — offender aged 14 years and 2 months at time of offence — guilty plea — s 16A(2)(g) — application of Xiao v The Queen [2018] NSWCCA 4 — sentencing judge in error by not having regard to utilitarian value of offender’s guilty plea — plea will be of limited benefit when entered on first day of trial — discount of 10% granted — rehabilitation — s 16A(2)(n) — contrition — s 16A(2)(f) — despite offender not giving evidence in court of renunciation of extremist beliefs held at time of offending, sentencing judge correct in assessing offender’s prospects of rehabilitation as favourable — sentencing judge correct in considering offender’s supportive family, developing maturity and unqualified acceptance ‘that what he did was seriously wrong’ as relevant to prospects of rehabilitation — appeal allowed — offender resentenced to 10 years’ and 9 months imprisonment with 8 year non-parole period — sentence to be served as juvenile offender up to offender attaining 21 years of age
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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