CRIME — Federal offences — Intentionally provide material support to an organisation — Reckless as to whether provision of support aided organisation to engage in conduct constituting an offence — Relevant offence being attempting to import a border controlled precursor — Reckless as to whether organisation’s aim or activities included engaging in conduct constituting any offence which would benefit the organisation
CRIME — Federal offences — Delay — No criticism of offender waiting for High Court decision in CD v Director of Public Prosecutions (SA) — Use of ANOM communication platform
SENTENCING — Federal offenders — Relevant factors on sentence — Circumstances of offence — Breach of employer’s trust — Where offender in unique position at airport to provide valuable and specific assistance to criminal enterprise
SENTENCING — Federal offenders — Relevant considerations — Subjective case — Where offender is someone who has worked hard and been law abiding but is perhaps somewhat naïve — Where offender also has background of deprivation and social disadvantage
Quick Take
1An offender's background of childhood deprivation and social disadvantage must be given full weight in every sentencing decision irrespective of the offender's age and criminal history, and where established it reduces moral culpability, which in turn moderates the weight given to general deterrence.
2Delay in finalisation of proceedings is not automatically mitigating, but where it has caused prolonged stress and has demonstrated an absence of further offending, it may be taken into account favourably, including as evidence of strong rehabilitation prospects.
3Bail conditions that are particularly harsh and restrictive may be taken into account to moderate sentence even where the offender does not establish a specific period of quasi-custody; the onus remains on the offender to prove on the balance of probabilities that conditions amounted to quasi-custody.
