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R v Dirani (No 34) [2019] NSWSC 1005

sentence — conspiracy to do acts in preparation of a terrorist act offence contrary to ss 11.5(1) and 101.6(1) of Commonwealth Criminal Code nature and circumstances of the offence — s 16A(2)(a) — offender committed acts in conspiracy with offender in R v Alou (No 4) [2018] NSWSC 221 in relation to shooting of Curtis Cheng terrorist act — offending high level of objective seriousness — significant degree of planning in conspiracy — offender played significant part to progress conspiracy and party to conspiracy for extended period — offender provided emotional, religious, ideological, financial and practical support — offender aware of planning for terrorist attack and did not seek to withdraw from conspiracy — rehabilitation — s 16A(2)(n) — contrition — s 16A(2)(f) — onus lies on offender to demonstrate genuine move away from ‘heavily radicalised and extremist views to an approach or belief system which points in a different direction’ — claim that reading of the victim impact statement produced ‘watershed moment’ in offender’s thinking unable to be accepted as mitigating factor as not tested by cross-examination — offender continuing to refuse to stand in court proceedings demonstrates offender has not moved away from extremist beliefs which motivated commission of offence — significant risk that offender would act again as a supporter, sympathiser or conspirator — co-operation — s 16A(2)(h) — offender’s co-operation in relation to facilitating the course of justice will only be demonstrated where offender takes additional steps beyond the ordinary requirements of a criminal trial — sentence — imposed 28 years’ imprisonment with a 21 year non-parole period
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