R v Dirani (Sentence) [2023] NSWSC 1664

R v Dirani (Sentence) [2023] NSWSC 1664

The offender's conduct was serious because he supported Raban Alou while Alou attempted to obtain a gun in preparation for a terrorist act, but his involvement was short, limited, began only on 2 October 2015 on the findings available beyond reasonable doubt, and he was not directly involved in giving the gun to Farhad Mohammad or in earlier planning. Taking into account the objective seriousness below the mid-range, his extremist material and views, the harm to the victim's widow, his subjective circumstances, chronic pain, onerous custody, lengthy delay, multiple trials, and the statutory terrorism parole regime, a sentence of 14 years imprisonment with a non-parole period of 10 years...

Jurisdiction
Australia
Judgment Date
15 December 2023
Procedural Posture
Sentencing for Terrorism Offence / After Jury Trial and Guilty Verdict
Outcome
The offender was sentenced to imprisonment for 14 years with a non-parole period of 10 years and 6 months, commencing on 13 November 2015.
Legal Topics
['conspiracy to Do Acts in Preparation for a Terrorist Act' 'objective Seriousness' 'onerous Custodial Conditions' 'delay in Sentencing' 'non Parole Period for Terrorism Offence' 'victim Impact Statement']
['criminal Law' 'sentencing' 'terrorism Offences'] ['conspiracy to Do Acts in Preparation for a Terrorist Act' 'objective Seriousness' 'onerous Custodial Conditions' 'delay in Sentencing' 'non Parole Period for Terrorism Offence' 'victim Impact Statement']

Case Brief

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Procedural Posture

Sentencing for Terrorism Offence / After Jury Trial and Guilty Verdict

Legal Issues

  1. 1 ['What sentence should be imposed for conspiring to do acts in preparation for a terrorist act between about 6 August 2015 and 2 October 2015.' "The extent and duration of the offender's participation in the conspiracy." "The objective seriousness of the offender's conduct." 'The effect of delay, multiple trials, onerous custodial conditions and likely parole consequences on sentence.']

Ratio Decidendi

The offender's conduct was serious because he supported Raban Alou while Alou attempted to obtain a gun in preparation for a terrorist act, but his involvement was short, limited, began only on 2 October 2015 on the findings available beyond reasonable doubt, and he was not directly involved in giving the gun to Farhad Mohammad or in earlier planning. Taking into account the objective seriousness below the mid-range, his extremist material and views, the harm to the victim's widow, his subjective circumstances, chronic pain, onerous custody, lengthy delay, multiple trials, and the statutory terrorism parole regime, a sentence of 14 years imprisonment with a non-parole period of 10 years...

Court Disposition

The offender was sentenced to imprisonment for 14 years with a non-parole period of 10 years and 6 months, commencing on 13 November 2015.

Orders

  • ['Mustafa Dirani is sentenced to 14 years imprisonment.' 'A non-parole period of 10 years, 6 months imprisonment is fixed.' 'The sentence is to date from 13 November 2015.']