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R v Azari (No 12) [2019] NSWSC 314

sentence — attempting to make money available to terrorist organisation offence contrary to ss 11.1(1) and 102.6(1) of Commonwealth Criminal Code — act in preparation for, or planning, a terrorist act or acts offence contrary to s 101.6(1) of Commonwealth Criminal Code — funding offence related to $US9000 — nature and circumstances of offence — s 16A(2)(a) — telephone conversation with most senior Australian Islamic State member in Syria — contents of phone call included discussion of role that offender and others would play in series of public executions planned to be conducted in Australia — offender’s role with terrorist organisation as intermediary relevant to court’s assessment of nature and seriousness of offending — distinguished from most other acts of terrorism where “lone wolves” are usually radicalised online with no direct contact with Islamic State — objective seriousness — depth and extent of radicalisation of offender relevant factor in assessing objective gravity of planning offence — gravity of offence below mid-range as no evidence offender accessed any extremist material online and no evidence that offender had taken pledge of allegiance to Islamic State — age — s 16A(2)(m) — offender 20 years of age at time of arrest — youth will be given less weight due to seriousness of terrorism offences and absence of any causal link between offender’s age and criminal conduct — contrition — s 16A(2)(f) — contrition not shown as offender admitted he engaged in conduct knowing it was a crime  — offender argued religious obligations made Australian law subordinate — rehabilitation — s 16A(2)(n) — prospects of rehabilitation not established as no evidence offender renounced extremist views — offender’s refusal to stand in court does not suggest that offender has disavowed extremist views held at time of offences — taking into account other offences — s 16BA — two further counts of attempting to make money available to terrorist organisation offences contrary to s 102.6(1) of Commonwealth Criminal Code taken into account — amount totalling $6000 — general deterrence — s 16A(2)(ja) — general deterrence significant factor for these offences — community protection of paramount importance in terrorism sentencing due to fact that offences involve threat or use of violence as means to intimidate community or government, notwithstanding not explicitly listed in s 16A(2) — sentence — 25% discount for guilty plea for funding offence — period of 2 years’ concurrence between both sentences — sentence imposed 18 years’ imprisonment with a 13 year and 6 month non-parole period
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