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R (Cth) v Dakkak [2022] NSWDC 181

The offender was sentenced following a plea of guilty to 1 count of contravening a control order by accessing electronic media contrary to s 104.27 of the Commonwealth Criminal Code. Interim Control Order related to terrorism offences.

Rehabilitation: The fact the offender has a fiancée with whom they intend to marry, live and commence a family together, is a very positive thing. The fact the offender is prepared to consult an imam who does not hold extremist views of Islam but holds a positive view of his faith is another positive thing. It is extremely difficult to know whether the offender is being defensive or evasive, or whether they lack insight leading to the commission of the terrorism offences and the current offence. It cannot be said whether the offender’s rehabilitation is positive nor negative. What can be said is the offender will be so busy supporting their family that they will not have idle time to search websites looking for the type of material which has gotten them into trouble thus far.

Nature and Circumstances: Breach of order did not involve carrying out or preparing for violence, providing material support for others, sharing ideas or information with other people or any attempt to evade the authorities. Offending itself is not egregious, but the timing of it was very poor. Because the offending was so close to the offender’s release from custody and being served with the ICO, it cannot be regarded as trivial. Equally, time served can account for the majority of the sentence to be passed.

Offender sentenced to 1 year and 8 months imprisonment, commencing on 16 January 2021 and concluding on 15 September 2022, with a non-parole period of 1 year and 3 months.
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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