sentence — conspiring to do acts in preparation for or planning a terrorist act offence contrary to ss 11.5(1) and 101.6(1) of Commonwealth Criminal Code — 3 co-offenders — nature and circumstances of the offence — s 16A(2)(a) — Co-offender 1 joined conspiracy comparatively late — during 3 weeks of involvement, not as active as Co-offenders 2 or 3, but still involved in 3 significant events of the testing of an IED, accompanying co-offenders for purchasing of hydrogen peroxide which could be used to make TATP and accompanying co-offenders for reconnaissance of possible location for imminent terrorist attack — Co-offenders 2 and 3 active players in conspiracy over entire 2 month period — upper range example of objective seriousness for several reasons — preparatory acts were done in contemplation of mass slaughter to occur in heart of Melbourne at time of particular significance to many Australians, Christmastime — Co-offender 1 will receive lesser sentence than co-conspirators because of lesser role in conspiracy, only actively involved for a couple of days of the last 3 weeks of the conspiracy and contribution to preparations and planning for a terrorist act was of limited significance, but not insignificant or fleeting — given nature of this conspiracy, Co-offender 1’s offending also an upper range example of the offence — parity — guilty plea — s 16A(2)(g) — rehabilitation — s 16A(2)(n) — 4th member of conspiracy sentenced separately pleaded guilty and was sentenced to 24 years’ imprisonment with a 20 year non-parole period — Co-offender 1 does not get benefit of significant discount for having pleaded guilty at the earliest reasonable opportunity but Co-offenders 2 and 3 do get benefit of having given evidence at plea hearing publicly renouncing IS and violent jihad and benefit of having finally admitted guilt during testimony — these two developments support a finding in Co-offender 2 and 3’s favour, on the balance of probabilities, that both are genuinely on the path of de-radicalisation — this finding does not entitle offenders to same discount they would have received if they had pleaded guilty at earliest reasonable opportunity — Co-offender 1 has reasonable prospects of rehabilitation — contrition — s 16A(2)(f)(ii) — Co-offenders 2 and 3 have shown contrition and made some reparation for offence by giving evidence and publicly renouncing IS and violent jihad — totality — Co-offenders 2 and 3 currently undergoing sentence for others offences of attempting to engage in a terrorist act and engaging in a terrorist act, with both co-offenders sentenced to 22 years’ imprisonment with a 17 year non-parole period — sentencing judge accepted there should be substantial concurrency having regard to principle of totality and avoiding ‘crushing sentences’, but there must necessarily be cumulation too — current offence much more serious than earlier terrorist offences — sentence — 22 years’ imprisonment imposed on Co-offender 1, with a 16 year and 6 month non-parole period — 26 years’ imprisonment imposed on Co-offenders 2 and 3, with 16 years of those 26 years to be cumulative on existing sentence (total effective sentence of 38 years) with a 28 year and 6 month non-parole period
