Earlier decisions under the Crimes (Foreign Incursions and Recruitment) Act 1978 (Cth) involving different factual contexts (arms dealing, minor operations, failed attempts) are of limited utility as comparable sentences for contemporary foreign incursion offences involving direct financial support to persons engaged in armed hostilities in Syria. An offender is not required to establish renunciation of religious or ideological views that motivated offending in order to demonstrate prospects of rehabilitation; it is sufficient to demonstrate willingness to comply with domestic law. Offences under s 7(1) of the CFIRA should not be sentenced as if they were terrorism offences when the statutory elements do not include terrorism.
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