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Mitigated Sentence due to Delayed Case Against Anti-Syrian Forces Supporter

Adam Brookman who performed services for the Chechen group(s) through medical aid and armed guard duties was charged under the Crimes (Foreign Incursions and Recruitment) Act 1978ss  7(1)(e). Sentence imposed against him was in consideration of the delay between his arrest and sentence and his plea of guilty. 

Facts:

Adam Brookman was performing services for the Chechen group(s) who were engaged in hostile activity in Syria as shown from his own social media posts.  His posts reveal pictures of weapons that either belonged to him or that he was able to use because of his knowledge how as also shown from the posts.  His posts also show that he worked as a ribat or an armed guard for the opposition forces. Posts in support of anti-government opposition forces in Syria continued during and after the charge period. Brookman argues that his services mostly consisted of medical aid for civilians and of little direct assistance to the Chechen group(s). Brookman's case took long because of the wide-ranging subpoenas on his behalf in late 2019. Foreign evidence and foreign agencies also generally take longer to prepare for trial. 

Issue:

Whether or not there Adam Brookman is liable under Crimes (Foreign Incursions and Recruitment) Act 1978ss  7(1)(e).

Whether or not the sentence for Adam Brookman should be mitigated.

Applicable Law:

Crimes (Foreign Incursions and Recruitment) Act 1978ss  7(1)(e) - prosecutes persons for assisting for the purpose of promoting the commission of a s 6 offence by others, even if those others have no connection to Australia.

Crimes Act 1914 (Cth), ss 16A16A(2), 16E(2)-(3), 17A. - sentence imposed must have appropriate severity in all the circumstances of the offense considering all matters relevant to the case and known to the Court. 

Analysis:

Brookman's assertion that his services mostly consisted of medical aid for civilians and of little direct assistance to the Chechen group(s) is untenable because his value as a tertiary educated person is significant.  Under Crimes (Foreign Incursions and Recruitment) Act 1978ss  7(1)(e) he is still liable for performing services in support of others engaging in hostile activity which clearly shows his intent, at the time, to promote the Chechen group(s) in their engagement in hostile activity in Syria within the charge period. 

Conclusion:

The court ordered a sentence of six years and eight months with a non-parole period of five years which if not for the plea of guilty was a non-parole period of seven years. 

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