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R v Elmir (No 3) [2019] NSWSC 1040

sentence — committed acts in preparation for incursion into foreign country for the purpose of engaging in hostile activities offence contrary to s 119.1 of Commonwealth Criminal Code nature and circumstances of the offence — s 16A(2)(a) — connected to offender in R v EB [2018] NSWSC 201 — slightly below mid-range objective seriousness — offender undertook serious steps in commission of offence — preparatory acts involved travelling to Turkey, living at Islamic State safe house, acquiring military equipment, making contacts to enter into Syria, and seeking EB’s financial help to further offender’s objectives — fact that offender travelled to Turkey after impulsively leaving family while travelling in Dubai had limited mitigating effect as remained in Turkey for 2 month period — nothing to suggest that offender would not have pressed ahead with intention to enter Syria had offender not had ‘falling out’ with people at IS safe house — rehabilitation — s 16A(2)(n) — contrition — s 16A(2)(f) — affirmed R v Ghazzawy [2017] NSWSC 474 where offender’s renunciation of extreme ideological views bears directly upon assessment of prospects of rehabilitation — fact that offender did not give evidence at sentencing hearing or sign affidavit affects considerations of contrition, rehabilitation and community protection — fact that offender did not have access to formal rehabilitation or de-radicalisation programs, attempted to ‘explain away the behaviour of IS’, and left IS safe house due to considering Islamic beliefs of occupants not as ‘pure’ or ‘rigorous’ as offender’s own does not support finding that offender renounced extremist views — fact that offender declined to stand during sentencing hearing does not support conclusion that offender renounced extremist views as ‘sufficiently known that some persons holding extremist Islamic views’ refuse to stand in court — guilty plea — s 16A(2)(g) — offender pleaded guilty at latest possible time against strong Crown case — plea has some utilitarian value and facilitates the course of justice — offender entitled to 10% discount — specific deterrence — s 16A(2)(j) — specific deterrence must be given considerable weight where court not satisfied offender has renounced extreme views and beliefs — sentence — imposed 5 years’ and 5 months imprisonment with a 4 year and 1 month non-parole period
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