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R v Hraichie (No 3) [2019] NSWSC 973

sentence — preparatory terrorist act offence contrary to s 101.6 of Commonwealth Criminal Code — offender committed acts in preparation for or planning terror attacks on Australian law enforcement officers in support of Islamic State — three additional state offences relating to serious acts of violence or threatened violence — mental condition — s 16A(2)(m) — no evidence that offender subject to mental illness or mental condition — nature and circumstances of the offence — s 16A(2)(a) — serious example of preparatory conduct — offending conducted over extended period of time and in four different stages — offending conducted while offender on parole or in custody — fact that terrorist act intended to kill police officers remains ‘very grave crime’, even where target group does not include ‘random members of the public’ — co-operation with authorities — s 16A(2)(h) — offender’s admissions to authorities made because ‘he was proud of his criminal acts’ — admissions do not reflect remorse or self-interest — reason for making admissions does not disqualify offender from discount, but will only be entitled to modest discount — contrition — s 16A(2)(f) — offender did not give evidence and not subject to cross-examination — second-hand expressions of contrition and remorse directed toward offender’s mother carry no weight in circumstances where statement cannot be tested and made against offender’s background of deeply entrenched views and beliefs — age — s 16A(2)(m) — offender aged 19 years at time of offence — offender’s youth does not provide significant mitigation on sentence due to gravity, variety and circumstances of offending — no causal link between offender’s age and criminal conduct — sentence — imposed 20 years’ imprisonment with 15 year non-parole period for preparatory terrorism offence — total effective sentence of 34 years’ imprisonment with 29 year non-parole period
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