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R v Taleb (No 5) [2019] NSWSC 720

sentence — engaging in conduct preparatory to committing a foreign incursion offence contrary to s 119.4 of Commonwealth Criminal Code nature and circumstances of the offence — s 16A(2)(a) — entrapment — may be mitigating factor at common law — most of offender’s actions undertaken due to encouragement and incitement of undercover police officer — little prospect offender could have travelled to Syria without officer’s assistance — offender had no contact with Islamic State apart from subscription to propaganda channels — offending towards lower range of seriousness — mental condition — s 16A(2)(m) — offender suffered from schizophrenia during offending and while in custody — mental illness played significant role in offending — application of R v Israil [2002] NSWCCA 255 and DPP (Cth) v De La Rosa [2010] NSWCCA 194 where mental illness has significant impact on moral culpability — mental illness caused offender to be isolated and increased vulnerability to religious ideas and extremist ideology — contrition — s 16A(2)(f) — being respectful during court proceedings and describing Islamic State as ‘terrorist organisation’ not evidence of contrition — offender making ‘one finger salute’ sign of ISIS after verdict supports finding of no contrition — specific deterrence — s 16A(2)(j) — general deterrence — s 16A(2)(ja) — rehabilitation — s 16A(2)(n) — offender’s mental illness made offender inappropriate vehicle for a sentence where ‘significant or undue weight is afforded to principle of general deterrence’ — good prospects of rehabilitation with lengthy period of supervision and adequate psychiatric intervention and treatment — offender’s family or dependants — s 16A(2)(p) — circumstances of offender’s mother’s ill health do not give rise to ‘exceptional hardship’ — consideration of dissent in R v Zerafa [2013] NSWCCA 222 and Elshani v The Queen [2015] NSWCCA 254 — offender was primary caregiver for mother suffering from multiple sclerosis and quadriplegia — mother became permanent resident at aged care facility as a result of offender’s incarceration — hardship on offender’s mother not a matter that can be taken into account in determining whether custodial sentence appropriate — sentence — s 19AG does not mandate that offences which fall within its terms will necessarily result in sentence of imprisonment — most effective way of achieving community protection is to impose penalty that fosters offender’s rehabilitation — incarceration likely to be anti-therapeutic in terms of offender’s mental illness — long period of supervision required to ensure compliance with counselling and medication regimes — application of s 19AG would result in inadequate length of supervised parole period — prior two years’ in custody sufficient punishment — no sentence imposed — 5 year recognisance release order imposed pursuant to s 20(1)(a)
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