Supreme Court New South Wales Medium Neutral Citation: R v Zahab [2019] NSWSC 629 Hearing dates: 27, 28 May 2019 Date of orders: 07 June 2019 Decision date: 07 June 2019 Jurisdiction: Common Law Before: Bellew J Decision: (1) In respect of the offence of failing to comply with an order under s 3LA(2) of the Crimes Act 1914 (Cth) the offender is convicted. (2) In respect of that offence, the offender is sentenced to imprisonment for a period of 3 months commencing on 28 February 2017 and expiring on 27 May 2017. (3) In respect of the offence of intentionally providing support or resources to a terrorist organisation, namely Islamic State, knowing that the organisation was a terrorist organisation, the offender is convicted. (4) In respect of that offence, the offender is sentenced to imprisonment for a period of 9 years commencing on 28 March 2017 and expiring on 27 March 2026. (5) I specify a non-parole period of 6 years and 9 months imprisonment commencing on 28 March 2017 and expiring on 27 December 2023. (6) The offender will be eligible for parole on 28 December 2023 and his sentence will expire on 27 March 2026. (7) Pursuant to s 16F of the Crimes Act 1914 (Cth) I explain to the offender that service of the sentences of imprisonment that I have imposed will entail a period of imprisonment and, if a parole order is made, a period of service in the community in order to complete service of the sentences. (8) Pursuant to s 16F of the Crimes Act 1914 (Cth) I further explain to the offender that if a parole order is made, it will be subject to conditions, it may be amended or revoked and that if the fails, without reasonable excuse, to fulfil those conditions, he may be returned to custody. (9) Pursuant to s 105A.23 of the Criminal Code 1995 (Cth) I warn the offender that an application may be made under Division 105A of the Code for a continuing detention order requiring him to be detained at the end of his sentence. Catchwords: CRIMINAL LAW – Terrorism offences – Sentence – Intentionally providing support or resources to a terrorist organisation – Where the offender researched and developed a laser warning receiver and a rocket guidance method for Islamic State – Where offending occurred over a significant period of time – Where offender asserted that at the time of the offending he held a belief that Islamic State was a 'force of good' – Seriousness of offending – Consideration of remorse and prospects of rehabilitation CRIMINAL LAW – Terrorism offences – Sentence – Intentionally providing support or resources to a terrorist organisation – Where there was no suggestion that the offender had left Australia to participate in a foreign conflict or to undertake training with an extremist group overseas before returning home – Whether the fact that the present offending did not fall into such a category was a mitigating factor – Reference to Explanatory Memorandum issued at the time of enacting the legislation creating the offence CRIMINAL LAW – Offences – Sentence – Failing to comply with an order requiring the disclosure of passwords to encrypted devices – Where offender stated that he had acted out of anger – Frustration of police investigation as a result of information not being provided Legislation Cited: Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014 (Cth) Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 Criminal Code 1995 (Cth) Cases Cited: R v Atik [2007] VSC 299 R v Barot [2007] EWCA Crim 1119; [2007] Crim LR 741 R v Kahar [2016] EWCA 568 R v Khalid & ors [2017] NSWSC 1365 R v Khyam and ors [2008] EWCA Crim 1612 R v Lodhi (2006) 1999 FLR 364; [2006] NSWSC 691 R v Martin (1999) 1 Cr App R 77 Xiao v R [2018] NSWCCA 4; (2018) 96 NSWLR 1 Category: Sentence Parties: Regina (Crown) Haisem Zahab (Offender) Representation: Counsel: R J H Maidment QC and R Glover (Crown) M Ramage SC (Offender) Solicitors: Commonwealth Director of Public Prosecutions (Crown) Lawyers Corp (Offender) File Number(s): 2017/63591 Publication restriction: Nil Judgment INTRODUCTION 1. Haisem Zahab ('the offender') has pleaded guilty to an indictment containing the following counts: Count 1 Between about 1 December 2014 and about 28 February 2017, at Young in the State of New South Wales, did, contrary to section 102.7(1) of the Criminal Code (Cth), intentionally provide support or resources to a terrorist organisation, namely Islamic State, that would help the organisation engage, directly or indirectly, in preparing, planning, assisting in or fostering the doing of a terrorist act, knowing that the organisation was a terrorist organisation. Particulars of support or resources Research into and development of: 1. A Laser Warning Receiver; and 2. Rockets and a rocket guidance method. Particulars of terrorists act An action done with the intention of advancing a political, religious or ideological cause, namely the establishment or maintenance of an Islamic Caliphate and with the intention of coercing or influencing by intimidation the Government of foreign countries, namely Syria and Iraq, of a kind that: a) causes serious harm that is physical harm to a person; or b) causes serious damage to property; or c) causes a person's death; or d) endangers a person's life other than the person taking the action; or e) creates a serious risk to the health or safety of the public or a section of the public and which is not advocacy, protest, dissent or industrial action of a kind that is not intended: a) to cause serious harm that is physical harm to a person; or b) to cause a person's death; c) to endanger the life of a person other than the person taking the action; or d) to create a serious risk to the health and safety of the public or a section of the public. Count 2 Between about 28 February 2017 and 1 March 2017, at Young in the State of New South Wales, did, contrary to section 3LA(5) of the Crimes Act 1914 (Cth), fail to comply with an order under section 3LA(2) of the Crimes Act 1914 (Cth). 1. The offending in count 1 is contrary to s 102.7(1) of the Criminal Code 1995 (Cth) ('the Code') and carries a maximum penalty of 25 years imprisonment. 2. The offending in count 2 is contrary to s 3LA(2) of the Crimes Act 1914 (Cth) ('the Act') and carries a maximum penalty of 2 years imprisonment. 3. The offender is to be sentenced having regard to the provisions of Part IB of the Act, and in particular by reference to the matters set out in s 16A. THE EVIDENCE The Crown case 1. The following documentary material was tendered in the Crown case on sentence: 1. an agreed statement of facts; [1] 2. the offender's criminal history; [2] 3. a statement of Damien Spleeters dated 15 June 2018; [3] 4. a statement of Nadine Hallak dated 26 July 2018 [4] ; and 5. a statement of Olena Mikhailik dated 23 August 2018. [5] The offender's case 1. The following documentary material was tendered in the offender's case on sentence: 1. a report of John Machlin, Psychologist, dated 14 May 2019; [6] and 2. a bundle of 18 testimonials. [7] 1. The offender gave oral evidence in his case on sentence, as did Ahmed Kilani, a Muslim Prison Chaplain. I have referred to aspects of that evidence further below. GENERAL SENTENCING PRINCIPLES 1. Section 102.7(1) is contained within Part 5.3 of the Code which deals with terrorism offences of varying kinds. An offence against s 102.7(1) does not involve the commission, or acts in preparation for the commission, of a terrorist act. However in my view, the principles which apply to offending of that nature apply, with equal force, to an offence contrary to s 102.7(1). Those general principles include the following: [8] 1. the primary considerations on sentence are the protection of the community, the punishment of the offender, the denunciation of the offending, and deterrence, both general and specific; 2. matters relevant to assessing the objective seriousness of the offending will include: 3. the degree of planning, research, complexity and sophistication involved; 4. the period of time involved, including the duration of involvement of the offender; 5. the depth and extent of the radicalisation of the offender as demonstrated by (inter alia) the possession of extremist material and/or the communication of such views to others; and 6. the extent to which the offender has been responsible, by whatever means, for indoctrinating or attempting to indoctrinate others, and the vulnerability or otherwise of the target(s) of the indoctrination, be it actual or intended. 7. the religious and/or ideological motivation of an offender is relevant to the issue of community protection, as well as to the assessment of the objective seriousness of the offending. As a consequence, where it is not established that an offender has resiled from previously held extremist views, the element of community protection will assume even greater importance; 8. weight is to be given to the need for general deterrence, even if the force of ideological or religious motivations and considerations are such that deterrence may not be effective; and 9. subjective circumstances and mitigating factors, including considerations of rehabilitation, are to be given less weight. 1. Put simply, those who commit terrorism offences of any kind place themselves at risk of severe punishment. [9] THE NATURE AND CIRCUMSTANCES OF THE OFFENDING [10] 1. The agreed facts tendered by the Crown (omitting the formal introductory passages) were in the following terms: BACKGROUND: Islamic State 1. The prescribed terrorist organisation Islamic State first emerged in Iraq around 2006 from a coalition of pro-al Qa'ida Islamists formed during the United States (US) occupation of Iraq. Since that time the group has undergone a number of name transformations and ideologically split from al Qa'ida. 2. On 29 June 2014, the then leader of Islamic State, Abu Bakr Al-Baghdadi, announced the formation of the 'caliphate' or 'Islamic State'. Following the routing of Iraqi military and security forces and subsequent capture of Mosul, Al-Baghdadi proclaimed himself as the successor to the prophet Muhammad and the consequent political-military leader of the Muslim community (ummah). Having conquered territory in Syria and Iraq, he then proclaimed that he would thenceforth be known as Caliph Ibrahim and that '..the "Iraq and Sham" in the name of the Islamic State is henceforth removed from all official deliberations and communications, and the official name is the 'Islamic State' from the date of this declaration. (Islamic State Flag, otherwise known as 'ar-raya') 3. The organisation seeks to impose their interpretation of Islamic law in the areas it conquers that demands a strict, literalist interpretation of that law. Islamic State has undertaken the old concept of 'dar al-Islam' (land of Islam), where Islamic law is followed and therefore at peace, and 'dar al-harb' (land of conflict), where Islamic law is not followed. Islamic State is also sometimes referred to as 'dawlah', a reference to its previous name ad-Dawlah al-Islāmiyah. Whilst the structure of Islamic State has evolved over time, a general overview of the structure of the organisation includes the Consultative Council, Military Council, Judicial Council, Security Council and the Financial Council. Additionally, there are separate functions for media, foreign fighters and intelligence. In order to achieve their ideals, Islamic State undertook a military campaign to reconquer what is sees as the lands of Islam and to punish all those who it deems to be unbelievers and enemies of Islam. As part of that campaign, Islamic State largely employed weapons that it seized as part of its war booty, bought via the black market or developed themselves. 4. Coalition forces targeting Islamic State have provided support to Iraqi government land forces in Iraq and to Kurdish forces in Syria. The support has been in the form of a small number of ground troops in advisory roles, particularly to coordinate the use of offensive air support. Indirect fire support and attack helicopters have also been used by US forces against Islamic State in support of ground forces. The majority of direct targeting by coalition forces against Islamic State has come from airstrikes, including manned aircraft and drones, the predominant method using manned aircraft. These airstrikes by US forces commenced on 22 September 2014. On 3 October 2014, then Prime Minister Tony Abbott, announced to Australian media that Australian warplanes would join air strikes on Islamic State militants in Iraq. Islamic State weapons research, development and manufacture 5. The Islamic State weapons research, development and manufacture system is described as highly sophisticated and a well organised complex machine with a huge output. This output is numbered into the hundreds of thousands of items standardized across numerous manufacturing facilities. The process of this system is described as that of an 'industrial state' which resulted in the making weapons on a scale and sophistication matching national military forces. Islamic State's weapons research, development and manufacture system can be broadly categorised as follows: a. Having a centralised management of manufacture, research and development of weapons which was under control by the 'Islamic State Office of Soldiers'; b. Underneath the 'Office of Soldiers' sits the 'Committee for Military Development and Production' responsible for the research, development and quality control of weaponry manufactured by Islamic State. This committee was also responsible for the operation and collaboration between workshops. In some of these workshops, Islamic State were pulling apart conventional weapons with a guidance capability to conduct research into them; c. Underneath the 'Committee for Military Development and Production' sits the 'Central Organisation for Standardisation and Quality Control' which issued manufacturing instructions, standardised labelling, tolerances, blueprints and manufacturing processes. This organisation is also responsible for the palletisation of Islamic State manufactured weapon crates, to assist with the correct storage and ease of transportation. 6. Islamic State conducted their research, development and production across numerous facilities throughout their territory which can be broadly categorised as storage, manufacturing, mixing, filling or repair, modification and development facilities. 7. In particular, Islamic State performed in depth research and testing of different weaponry systems such as proof of concept testing of rockets in 2015, prior to commencing large scale manufacture. This research and testing resulted in Islamic State producing two main design types of rockets on mass as well as other types on a varied scale. In the lead up to this manufacture, Islamic State performed unique research and development into specific parts of the rockets which included the fin assembly, nozzle, motor body, warhead, fuse, electric initiator and fuel propellant mixture and composition. [11] 8. The research and development undertaken by Islamic State went beyond simple crude weapons development and involved precision manufacturing processes that were reproduced on a mass scale. Islamic State were able to effectively source materials and construct weapons using what was available to them in their local environment, however Islamic State also obtained materials on mass from other countries. In addition, Islamic State made efforts to train their members in the use of various weapons. Defendant's ideology and development of motive 9. Islamic State members and their supporters have been very active in the use of the online social media platform 'Twitter' as a means of disseminating propaganda videos, promote its religious ideology and make one-on-one connections with prospective recruits. 10. On 10 July 2014, the defendant downloaded the encrypted messaging application 'SureSpot'. Additionally, the defendant used his home Apple iMac desktop computer to access the social media platform application 'Twitter' and began sharing ideological support for Islamic State through Twitter Posts and his email accounts. For example, on 12 July 2014, the defendant sent an email from his account haisz.solar@gmail.com to himself at haisam.zahab@gmail.com. The email contained a picture of the Islamic State flag with two persons holding firearms either side of the text: "Daulatul Islam" and "Baaqiyah!" translated to: "The State of Islam" and "Is remaining!". The word 'Baaqiyah', short for 'Baaqiyah wa Tatamaddad' (remaining/enduring and expanding) is a term of special significance to Islamic State. The word featured as a title in an article of the Islamic State magazine 'Dabiq' telling a story of how the organisation survived during its darkest days involving the 2006 US directed surge in Iraq. 11. Between July 2014 and December 2014, the defendant continued using Twitter accounts @Hais74 and @StrangerAhk to exchange thousands of 'Tweets' discussing Islamic State, sharing images associated with Islamic State and expressing his frustration over the use of airstrikes and drones in Syria and Iraq against Islamic State. The defendant also generated and posted numerous pro-Islamic State and anti-Western GIFS on these Twitter accounts. The profile picture used by the defendant for his account @Hais74 was an image of a soldier leaning against a wall in a war zone and the text 'Victory or Martyrdom'. The background picture was of a convoy of vehicles flying the Islamic State flag. 12. The defendant's publicly displayed profile bio read: "Not Affiliated with IS , just following the events and news ... Al Emran 54: they plan, and Allah Planned, and Allah is the best of planners. :) spread truth. Within this 'Twitter' community the defendant made contact and established a network of online Islamic State supporters and members, such as United Kingdom (UK) nationals Samata ULLAH, born 7 November 1982 (ULLAH), Junaid HUSSAIN, born 8 May 1994, also known as 'Abu Hussain', and other unidentified persons using personas such as 'Abu Khalid', 'sisiqardon' and 'Ghazi' which led to him performing services for Islamic State referenced in Charges 1 and 2. 13. A number of 'Tweets' involving the defendant's account were publicly exchanged between like-minded Twitter users including ULLAH, 'Abu Hussain' and his wife Sally Anne JONES. Examples of these tweets, which sometimes attached pictures and Graphics Interchange Formats (GIFs – animated pictures) in the context of Islamic State and anti-Western sentiment include: a. On 14 July 2014, the defendant replied to a tweet made by Junaid HUSSAIN: "#Israel we are come to payback for what you done to #Gaza. #GazaUnderAttack #CaliphateRestored http://t.co/4m20Cg695p" with the comment: "@AbuHussain102 and that is the truth !". b. On 1 August 2014, the defendant retweeted the post originally by Islamic state Libya @operationlibyia which stated: "three angels.. travelled to #Jannah [12] today . #GazaUnderAttack #Caliphate is rising with #Allah swt [13] permission pic.twitter.com/ElujAxK3vx". c. On 8 August 2014, the defendant replied to the Twitter post by News Provider @AbuHanzala_ : "I just don't want the citizens of US to cry when something happens to them tbh" with: "@AbuHanzaia_ @AbuUmarAlAnsari (ULLAH) Erm …. I do :)". d. On 9 August 2014, the defendant replied to the Twitter post by @thatmynickname: "Turkey allowing US airstrikes. Turkish F-16 also bombarding islamic state but the government doesn't talk about it because Turkey fear IS." with "@thatmynickname @AbuBakr1924 sources ? Would be interested to know if turkey will allow attacked from its country on #IS. e. On 9 August 2014, the defendant retweeted ULLAH's tweet: "There is an #American drone base in the Erbil Airport [14] being used against the #Islamic_State". The defendant also tweeted: "#USA 2 Air Strikes Islamic state, Conclusion Syrian rebels to stand with #IS , tribes stand with #IS , more legitimacy for #IS :)" and "@AbuSaalihah @AbuBakr1924 Erm every air strike on Gaza has obama's hand and blessing". f. On 18 August 2014, the defendant posted the Tweet: "Aljazeera English reporter says US air strikes to help Peshmerga to try to take Mosul dam. On going battle NOW still going #IS still holding". g. On 22 August 2014, the defendant posted the Tweet: "@Alansarialjanab @Abulooz22 they offered ransom , they offered prisoner exchange ! Both rejected by the us , preferring instead to bomb Iraq. h. On 29 August 2014, the defendant retweeted a Twitter post made by Ramiz @MoRamizSY which read: "Drone? What drone…. We have our own drones. #Islamic State @Truth_unveiled @ghazishami #Iraq #ISIS pic.twitter.com/dl1vwWdTFK". i. On 1 September 2014, the defendant posted the tweet: "Whatever agenda US and puppets had , has changed after the return Islamic Caliphate ! This has taken them by storm pic.twitter.com/EjhlHZhuPT. j. On 3 September 2014, the defendant posted the tweet: "@MinaMinaaa @Ameerana_abudua Alhamdulilah Allahs wrath will arrive soon inshaAllah to Egypt !" and a tweet retweeted by ULLAH which read: "Us soldiers and German participating in zumar and other areas in fighting against #IS. Directing air strikes from the ground against #IS ½". k. On 7 September 2014, the defendant posted tweets favourited by ULLAH and others which read: i. "@AbuUmar_8246 (ULLAH) US backed Assad Alawites bomb civilian neighbor hood in islamic state killing civilians and destroying homes. Tyrants allies". ii. @AbuUmar_8246 (ULLAH) @proxetsc3 @ghazishami @truthzsmaster1 @JihadWitness Islamic State is real Freedom and no racism. Truth pic.twitter.com/owADTfXMpr. iii. @AbuUmar_8246 (ULLAH) @proxetsc3 @ghazishami @truthzsmarter1 @JihadWitness All brothers under one banner. pic.twitter.com/Q5lBzTrNPQ. l. On 12 September 2014, the defendant posted the tweet: "#Islamicstate brings happiness and hope for Muslims and children. The Caliphate is a light in the darkness. pic.twitter.com/aKJ6lCmfrU.". m. On 14 September 2014, the defendant posted the tweets: "@JihadNews5 Australia a country on the other side of the world , whom has received no threats or attacks , enters into a war against Muslims" and "#IS dawlas [15] mujahedeen [16] have come to give honor back to Islam and Muslims , May Allah give alFirdous to the shahada [17] pic.twitter.com/v3EsQzCwh". n. On 17 September 2014, the defendant retweeted the post by @Reuters which read: "PHOTOS: Islamic State fighters shoot down Syrian war plane using anti-aircraft guns. Reut.rs/1pidPDa pic.twitter.com/dvnjzpQLG8". o. On 18 September 2014, the defendant posted the tweet: ": A lion [18] from #is #IslamicState a message to my brothers in sham [19] pic.twitter.com/6MzsTFF9Ek". p. On 9 October 2014, the defendant received a series of direct messages (private messages) on his Twitter account showing one side of the conversation with the Twitter user Abu Bakr @abubakrpro, some of which read: i. "Vbeid [20] and streetfights continue, US upped up their airstrikes after realizing Turkey won't intervene"; and ii. "May AllahSWT [21] protect our Mujahideen brothers and let the airstrikes hit the YPG!! [22] Ameen ya rabb!" [23] . q. On 9 October 2014, the defendant tweeted the following posts: i. "@azdiah13 @ahmad27161 Obama's coalition is now in the same Axis of evil as Assad , may they be together in jahanam"; and ii. "@HRHScampi @alamium @PardonMyArabic my perspective is Allah SWT [24] created the world and it is only fitting that the flag of Tawheed [25] be raised". r. On 28 October 2014, the defendant tweeted the post: #IS Mujahid [26] shows the Kuffar [27] how's it's done and sends him straight to hell ! twitter.com/saeb_f3/status… pic.twitter.com/8YnYolbe6s". s. On 6 November 2014, the defendant commented in a Twitter post conversation: i. @Aidrusali2014Qa – Islamic State is in control of Baiji [28] . It's Baqiyah watatamadad forever. ii. The defendant: @Aidrusali2014Qa @ghazi_dimashqi wait, you mean all the US coalition airstrikes were a waste of tax payers money ? And now #IS control it? 14. Also during this period, the defendant using his Twitter account @Hais74, exchanged numerous direct (private) messages with a number of users including ULLAH. A number of these messages discussed Islamic State and were notifications to go chat on the encrypted messaging application 'SureSpot'. Examples of some of these messages include: a. On 2 October 2014, the defendant engaged in a private direct message conversation with Twitter user identification number 2835920131. During the conversation the defendant informed the user not to reveal anything that could help 'in war against brothers'. The defendant stated he knew it was hard but 'we' didn't want to be a reason for any actions or deaths of anyone 'there'. b. On 20 October 2014, the defendant engaged in a private direct message conversation with Twitter user identification number 2795582920. During the conversation the defendant discussed making new videos relating to mujaheeds. The defendant stated: "The bodies of martyrs are a sign for those with intellect. Even since early days of Afgan war there was much talk about them. I remember vividly 1 brother 3 weeks later found still bleeding on a mountain. And recently a brother dug out 2 weeks after he got martyred his body intact and was bleeding SubhanAllah [29] . The difference between Mujaheds body and a Kufr body is so vivid. Would be good to include some examples for people to ponder in one of your vids - as truly they are a sign - and the ugliness of the kafr's". c. On 15 November 2014, the defendant engaged in a private message conversation with Twitter user identification number 2782123004. During the conversation the defendant stated: "Bro. Please don't tweet anything positions or areas that are live OPS. You put brothers in danger , you don't want that on your neck. Delete please ASAP." d. On 1 December 2014, the defendant engaged in a private message conversation with ULLAH. During the conversation the defendant stated: "Could you possibly DM [30] @BaniHillal to remind him to restrain of info that is live and could hurt loved ones :)" and "Coz even with their own admission - Twitter is a major source of Intel and info. So restraint is a must on live Info. Iv also asked ghaz to warn him via surespot." 15. Also during this period, the defendant sent numerous e-mails to himself between his accounts 'haisam.zahab@gmail.com' and 'ozsurvivalgear@gmail.com' with GIFs promoting the Islamic State and about 'airstrikes', that were later distributed on his Twitter posts. E-mails like these and others included: a. On 6 September 2014, the defendant sent several emails to himself, one with the subject heading: 'SamF18' [31] , the other with the heading 'HMmmm' and a GIF attachment showing an F/A-18 fighter aircraft being shot down by a missile. Above the picture titled 'SamF18' was the text: 'LOL' [32] . b. On 9 September 2014, the defendant sent an email to himself with the subject heading: 'make dua [33] ' and attaching two of the same GIF attachments showing an animated picture of a tank and other military vehicles, including a missile carrier with the Islamic State flag driving down a street. Text was imposed on the bottom which read: "Make Dua [34] for your brothers !" c. On 12 September 2014, the defendant sent an email to himself with the subject heading: 'Evil Vs Good' attaching a GIF image showing images of the Islamic State leader 'Abu Bakr al-Baghdadi' and text about Christian oppression of Muslims and "By the will of Allah SWT Justice is coming" from Islamic State. d. On 25 September 2014, the defendant sent an email to himself with the subject heading: 'Airstrikes result' with two images showing a deceased child being carried. Online Security 16. During the period between July and December 2014, the defendant commenced activities to enhance his online security. This included the use and promotion of the encrypted messaging applications such as 'SureSpot'. For example: a. On 15 August 2014, the defendant purchased the iPhone application 'Onion Browser - Secure & Anonymous Web with Tor' [35] from the Apple iTunes store. b. On 21 and 22 August 2014, the defendant received a series of direct messages (private messages) on his Twitter account showing one side of the conversation with the Twitter user Abu Muawiyah Alajami @MuawiyahAlajami and which read: i. Ok, I will go back and delete some of my previous posts. What is surespot? I'm a techno-retard & still new to twitter. ii. MuawiyahAlajami my username on sure spot…gotta scoot to salah. be back soon. c. On 3 September 2014, the defendant received a Twitter private message from ULLAH to "check surespot". d. On 6 November 2014, the defendant acquired the iPhone application 'ChatSecure - Encrypted Messenger' from the Apple iTunes store. e. On 30 November 2014 the defendant received his account details for his online 'CyberGhost 5 account'. [36] f. On 3 December 2014, the defendant sought support via e-mail from the private internet browser 'Red Browser' in particular to use it with Twitter. Research and Development of a Laser Warning Receiver (December 2014 – June 2015) (Charge 1) 17. A Laser Warning Receiver (LWR) is an electronic device that provides advanced warning of laser guided munitions by detecting the incoming laser radiation (such as infrared lasers) made by a target designator and then sounding a warning alarm. The device is described as a passive device that can be purpose built to detect particular length of pulses, level of frequency and wavelengths. LWRs are generally not used in non-military applications, other than for detectors of police laser speed guns, yet such detectors contain different properties to the one the defendant was researching, developing and later constructed. 18. The defendant's activity in this field can be summarized as being conducted in the following areas and order almost daily between December 2014 and June 2015, usually in the late hours of the evening and early morning at his residential address: a. Research in Laser guided weapons. b. Research in Laser target designation. c. Research and Development in Electronic circuit design. d. Development of Printed Circuit Board (PCB) design and manufacturing. e. Use of electronic computer-aided-drawing (CAD) packages and simulation tools to develop a CAD design to house the LWR electronics. f. Development of the mechanical design and fabrication of the LWR using 3D printer technology. g. Development of microcontroller circuit and code using the electronic circuitry software Arduino IDE. 19. The final construction of the LWR made by defendant can be described as containing three distinct but related units produced in the following order: a. The LWR control unit which contains electronic circuitry, the warning alarm sounds and light, and adjustable frequency knob and switches; b. A LWR sensor unit which is a 360 degree octagonal prism shaped unit that uses nine photodiode sensors to detect the incoming laser radiation (infrared laser) from the target designator; and c. An alternative to the LWR sensor unit, being a LWR Arduino unit which contains the microcontroller circuit and programmable code for another LWR. 20. On 15 November 2014, the defendant commenced researching material on the internet relating to electronic defence systems. In mid-December 2014, the defendant refined his research to 'radar detectors', 'laser detectors' and 'infrared sensors'. Undated internet history indicates the defendant also researched websites relating to 'drone shields', 'killing UAVs', 'Laser jammers', 'killing predator drones' and 'reading mission control data out of predator drone video feeds'. 21. On 12 December 2014, the defendant sent an email to himself with the subject heading 'LWR' containing a webpage link for 'http://blockyourid.com/~gbpprorg/mil/laser/'. The website titled 'BattleField Laser Warning Receiver' provided significant background information about laser guided weapons and guidance for building a Battlefield Laser Warning Receiver. This website is alleged to be the basis for the defendant's own design of a LWR. 22. The following day on 13 December 2014, the defendant used his Apple iMac desktop computer to amend and save relevant electronic schematics (circuitry) files and sent an email to the company 'Radar Detectors' enquiring whether a 'Laser Elite Laser Jammer' unit could detect infrared lasers at certain pulse rates. 23. Between 14 December 2014 and 7 January 2015, the defendant continued to research material whilst amending and saving electronic schematics relating to his LWR design. The defendant obtained a number of publicly available documents which included US patents relating the invention of an electronic compact Laser Warning Receiver and saved them to his Apple iMac desktop computer. These documents included diagrams of the electronic circuitry schematics and technical explanations of the device. The defendant also saved a shortcut to schematic editing software named 'Altium Designer [37] ' and 'NI Multisim 13.0 [38] ' onto the desktop of his Apple iMac computer. The defendant commenced using this software to create and save computer schematic files to his computer, which allowed him to conduct circuit simulations. Computer circuit simulations allow a designer to work through the initial stages of design and testing significantly faster than using actual hardware. By 3 January 2015, the defendant created and saved a schematic file for the program NI Multisim 13.0 titled 'LWR First Schem with MWA120 Replaced with 2n3866.ms13' to his Apple iMac desktop computer. That particular circuit design is virtually identical to the circuit shown on the website 'http://blockyourid.com/~gbpprorg/mil/laser/' for the Battlefield Laser Warning Receiver. 24. Between 8 January 2015 and 28 January 2015, the defendant continued his online research and development of the LWR electronic circuitry through continuously creating and modifying numerous schematic files using his Apple iMac computer. Beginning 12 January 2015 the defendant advanced his designs and commenced using the program NI Ultiboard [39] on his Apple iMac desktop computer to create electronic files for the PCB component of the design. On 14 January 2015, the defendant saved a picture of the Islamic State flag on his computer and placed the image onto the first electronic design of the PCB file for his LWR titled: 'BLWR PCB1 Draft3 – Copper Top.gbr'. 25. On 16 January 2015, the defendant further modified the electronic design of the PCB file and added the word 'BAQIYAH' [40] at each of the four corners of the board. The defendant continued to modify the electronic PCB design numerous times up to 28 January 2015 by which time he'd change the spelling of the word from 'BAQIYAH' to 'BAAQIYAH'. 26. Between 28 January 2015 and 2 February 2015, the defendant took several photographs using an Apple iPhone 5 of an etched circuit board without any componentry attached followed by photographs of the etched circuit board with electronic componentry attached. The printed circuit board also showed the Islamic State Flag and the word 'BAAQIYAH' etched into the board. Further photographs taken by the defendant showed a 3D printed rectangular case with the circuit board inserted and the lid to the case being printed in the 3D printer. The photographs indicated the defendant had begun physical construction of the PCBs matching the testing and designs on his computer as well as using the 3D printer to house the PCBs and circuitry. Furthermore, the photographs indicated that during this period the defendant had undertaken the following: a) Placed an electronic schematic design onto a blank copper PCB; b) Placed the copper PCB into the etching solution which removed the unwanted copper, leaving the required design. c) Populated the printed circuit board by soldering on the required components; d) Created computer aided drawing designs for housing the printed circuit board and circuitry; and e) 3D printed and connected the housing for the primary LWR control unit containing the populated printed circuit boards. 27. On 2 February 2015, the defendant continued his research by e-mailing specification questions about wavelengths and pulse cycles to companies and persons selling infrared laser cards and torches. On that same date, the defendant used an Apple iPhone 5 to take two photographs of electronic circuitry inside the 3D printed casing which was now connected with wires to LED lights, toggles and switches. 28. Between 3 February 2015 and 6 February 2015, the defendant continued to modify further electronic schematics and various electronic PCB designs for the LWR, in particular the sensor boards. The defendant also used Computer-Aided-Drawing (CAD) design software named 'Blender' and 'Meshmixer' to design the 3D printable casing for the sensors, saving the files on his Apple iMac desktop computer in folders titled '360degSENSE_Project' and '3dprint models'. Additionally, the defendant continued his research and on 5 February 2015 saved an electronic schematic file on his computer titled: 'BFLWR Full Circuit Modified with HA-5020 and No Log Amps Simplified – for report.ms13'. Finally, on 6 February 2015, upon completing the circuitry, PCB and 3D casing design for the sensor component of the LWR, the defendant 3D printed the design and used an Apple iPhone 5 to take several photographs of the fully constructed part. 29. On 6 February 2015, the defendant created a 288 page PDF document using the program PDFpenPro, titled 'LWR Report.pdf'. The report, which began with the Arabic script: "In the name of Allah (God) the most merciful and the most compassionate", contained detailed analysis, observations, research, testing and experiences by the defendant, about his research and development of a LWR. The document contained text typed out by the defendant, as well as various articles and information from the internet regarding LWRs. In addition, the document exhibited pictures of the schematic files and PCB designs created by the defendant, as well as the digital photographs showing the construction process of the items physically made by the defendant. The report reflected the defendant's design work up until this date. The report provided enough information for a person with a reasonable technical background, to be able to repeat the work, with some effort. The majority of the information contained within the 288 page report was taken from various websites which are located in the public domain, with the most commonly used website being 'blockyourid.com'. 30. Around the same time on 6 February 2015 the defendant saved a file titled 'How to Split files in O.textClipping' which described how to zip files and send them over the internet via the terminal/ command line. It is alleged that upon completion, the report was encrypted and protected with the password: 'Baaqiyah'. The report was then divided up into smaller files and by using the command line, sent over the internet using 'The Onion Router' (TOR). It is alleged this information was used to assist the defendant in sending the report on the LWR to other persons via the internet. Around 15 February 2015, a copy of the defendant's LWR report was saved onto devices belonging to and later seized from UK national Samata ULLAH. It is alleged that the defendant transmitted this report and other images to ULLAH over the internet via secure means. 31. Sometime after 6 February 2015, on an unknown date and time, the defendant typed an encoded message to an unknown person via unknown means. The encoded message was saved to the bash history [41] on the defendant's Apple iMac desktop computer. The message reads as follows: Assalamu alaikum. you know who it is. we discussed the laser detector :) Lets communicate on this for the time being until I switch phones since my phone has a problem turning on. Wa alaikum al salam Yes get your self a decent phone already :) Regarding the alarm yep I managed to put a prototype together with a single sensor. I tested it with a remote transmitter i had here and it worked fine. :) I put together 3 designs all pretty much based on the original link i gave you previously. 1. Simplified design on 1 pcb ( this is the one i made). 2. Same as above but split on 2 pcbs 3. More sensitive design closer to the original project i followed. I managed to get in touch with an Administrator thanks to ghazi , who showed the sneek peek pics i sent him to the tech team for analysis. The response was - Why isnt here here ? How can we communicate directly with him if he is not here ? I explained my current situation and so they requested a full report. I said my intention was to help the techies and liase with them for development. He said thats not possible. He said - you have to understand your not dealing with a single person. your dealing with a corporation. So please send us a report with how you achieved this , how you did it , and how to develop it. So I put together a report (288 pages) and included my build and the original resources i followed. I tried to mention everything i could in it. it took a few days to send it successfully due to a bad net connections. The administrator just got back to me with - "Alhamdulilah report is very good , but i didnt have time yet to show it to the tech dept yet, inshaAllah i can tonight, Barakallah fik" Im just waiting on more feedback after the techies look at it and im working on a design for the 360 degree sensor plus up. so 9 sensor array. Heres some things to think about on the sensor array and driver pcb board. We can make a 9 sensor array and it will work , I tested multiple sensors in the simulation software with my designs and it seems to work fine. great - but It will NOT give us an indication of which sensor tripped or caused the alarm... it will still alarm and give you warning though. To be able to get an indication of which sensor tripped we would need to make a pcb board for every sensor, so 9 boards simular to one i made. Then an LED indicator can also flash showing the direction of the burglar. :) Having an led give you an indication will further give you help in decision making a countermeasure response and direction.. So yeah - just waiting for some feed back now - and i may buid design 3 pcb (more sensitive) 9 sensor array. if I want the led indication of direction i would need to build 9 boards. i can show you some pics of the build if you like but confirm for me its ok on here , as we dont want a competitor stealing our designs and taking it to a different corporation :) So look into security for me please. Isnt surespot more secure - or is mail2tor fine ?? :) BTW how long will your email remain active ? 32. It is alleged that the defendant is referring to the creation of the 288 page report for the LWR, in response to a request to do so. 33. Between 7 February 2015 and 14 February 2015, the defendant began modifying CAD designs for the LWR sensor unit, being an octagonal prism object with holes for an infrared sensor on each side and on the top. Two of the CAD designs were saved in a folder on the defendant's desktop screen of his Apple iMac computer and titled: '360 degrees sensor draft model1.jpg' and '360 degrees sensor draft model2.jpg'. The defendant also continued to amend and save more electronic schematic files for the LWR. 34. On 15 February 2015, the defendant took a series of digital photographic images of the octagonal shaped object being printed in his FlashForge 3D printer and then sent the images to himself via email. This object is the outer shell of the LWR sensor unit which houses the sensors that detect the infrared lasers aimed by a designator to target an incoming guided missile. Some of these photographs were also located on devices belonging to and later seized from UK national Samata ULLAH. 35. Throughout February and March 2015, the defendant continued further research and development of the LWR sensor unit which included: a) Further modification of various electronic schematic files and electronic printed circuit board designs including the photodiodes (sensors) component of the LWR, such as a file titled 'LWR_Sensor (360).ewprj'; b) Placed an electronic schematic design for the photodiodes (sensors) onto a blank copper PCB and placed the PCB into the etching solution to remove the unwanted copper, leaving the required design. c) Populated the printed circuit board photodiodes (sensors) by soldering on the required components; d) Created computer aided drawing designs for the housing of the photodiodes (sensors) to be fitted within the 360 degree octagonal prism unit; e) 3D printed the housing units for the populated printed circuit boards sensors (photodiodes) for inside the 360 degree octagonal prism unit; f) Fitted the photodiodes into the 3D printed housing units and into the 360 degree octagonal prism sensing unit of the LWR. The housing is a mechanism to have the photodiode (sensor) array with a visibility greater than a hemi-sphere; g) Took digital photographs using an Apple iPhone 6 of the physical assembly process described above; h) Continued designing the LWR electronic printed circuit board for the copper board. One of the final designs saved on 18 March 2015 was titled 'BFLWR 2 supply regulators Full Circuit design !.ewprj'; and i) Once the defendant completed the above, he researched the internet to search for information regarding 'oscilloscopes', 'pulse generators', 'frequency generators', 'wave frequency generators', 'signal generators', and infrared lasers' suggesting that new research and development was to be pursued with physical testing of the defendant's assembled LWR to that date. A number of related items for testing were enquired and researched by the defendant until the beginning of May 2015. 36. Throughout the first half of May 2015, the defendant began specific research and development into the microcontroller circuit and code for the LWR using the electronic circuitry software Arduino IDE. For example, on 6 May 2015, the defendant researched the internet for 'Arduino Software', 'Arduino infrared', and 'Arduino night-vision'. Additionally, during this period the defendant began using CAD design software to design and 3D print the exterior casing for the Arduino microcontroller unit of the LWR. On 14 and 15 May 2015, the defendant extensively researched the internet for a number of things including: 'How to Simulate a Microcontroller in Multisim', 'Arduino software', 'Electronic circuit simulator will integrate with Arduino boards' and various other electronic related issues including pulse timers and triggers. 37. On 15 May 2015 and immediately after his internet research, the defendant created and saved electronic schematic files titled '555 laser receiver.pdsprj' and '555 laser receiver.ms13' of which both designs employed a 'pulse stretcher'. A pulse stretcher takes very short pulses from a target designator and makes them long enough to drive slower circuitry such as a warning buzzer or light. It is alleged this is for the 'warning buzzer' for when the LWR sensor unit detects an incoming infrared target designation for a guided missile. 38. Also that date, after completing the schematics the defendant continued internet research on his computer on further electronic specific issues such as 'transistors' and 'amplifier simulators'. The defendant then began saving a series of files on his computer for specific Arduino code, such as file titled 'IRSENSE.cpp.hex' and 'laserarduinotest1.hex' alleged to be test programmable computer code used for the LWR Arduino microcontroller unit which commands the parameters of when the LWR should be alarmed. Upon completion of this and towards the late evening on 15 May 2015, the defendant began researching the internet on how to record a computer desktop video, computer screen recorders and a tutorial on how to use the related program 'Screenflow'. 39. At 12:36am on 16 May 2015, the defendant commenced a recording of his computer screen using the software 'Screenflow' on his Apple iMac desktop computer. The recording commenced by showing the background of the defendant's home Apple iMac desktop computer screen overlaid by four open windows of different computer programs. The video is a rolling screencapture where the defendant delivered a tutorial/ report by typing each part of the report into an open notepad window and then deleting before typing the next part. Set in the background of the video are two of the schematic files previously created by the defendant on his computer. At the beginning of the video, the defendant typed 'First we need to get some things clear….The Aim! To be able to detect infrared lasers that target you for laser guided missiles to track and target!'. 40. The defendant also typed the following: a. Information about laser guided missiles, such as Hellfire missiles, and how they work; b. Information about the types of camera and guidance systems used in laser guided missiles, which include the infrared laser, distances and navigation; c. Information about how a target is designated including the equipment used, ranges, divergence beams and how this information should be taken into consideration when fitting out a vehicle; d. Further information about the infrared laser, wavelengths, pulse frequencies used by the US and NATO for laser guided missiles and how they are pre-programmed between the designator and missile; e. Information about 'Laser sensor photodiodes', reaction rates, sensors and wavelengths; f. "I have tested and tried a circuit, as you saw in the previous report…"; g. "InshaAllah Ill make another report soon….Just wanting on some nicks and nacks i ordered so i can do outdoor testing ….The testing will be done with the sensors i built and infrared laser pointer 940nm , and pulsed laser 980 nm …."; h. Information about an electronic circuit he had built that senses incoming signals "Note! before i forget … The VBPW34s sensors im using are not the best, but as I mentioned in the previous report , they are listed in a US military patent on this subject !"; i. Information about the alarm sensitivity settings, pulsing intensity rates, sensor brightness, signal rates, reactance times, speed of the circuits he had researched and tested with the buzzer; j. Information that when he tried lighting a flame near the sensor it alarmed and that after altering the sensitivity it was fine and that it "just makes you think about the battlefield stuff …."; k. Information about the flight time from the release of a laser guided missile to impact and that if 'they' realise that 'you' can detect and evade their missile, 'they' will change their tactics to off-set the laser designation; l. "But if you program and train operators you can also pick off target illumination…"; and m. "If its set too low and occasionally beeps here and there, it could cause the mujahids to get used to it and delay reactance time when it goes off for real ?? maybe ? Salam Alaikum : )". 41. The defendant also simulated a number of electronic schematics during the video, showing how they worked. The video ran for a total of 57 minutes and the defendant selected and played a number of Islamic State nasheeds [42] in the background. 42. At 2:01am that same morning, the defendant attempted to crop the frame of the video and convert the file format. However, the file created was a corrupted version which only showed the first 7 minutes and 30 seconds before freezing. The redacted version of the video only showed the schematic program and 'Notepad' with no other background features to the computer screen. Both the video and the corrupted version were saved into a folder named 'test' in the defendant's external hard drive. 43. At 4:04am that morning, the defendant saved a PDF document titled 'BFLWR.pdf'. The defendant then encrypted and protected the document with the password: 'BaaqiyaH!'. The document consisted of 15 pages beginning with the title 'Battlefield Laser Warning Receiver……' and contained mostly copied and pasted information from a website relating to making a Battlefield Laser Warning Receiver. In the report, the defendant briefly mentioned that some of the parts can be purchased cheaply on eBay. One of the parts highlighted was an 'IR Infrared 808nm-1064nm'. 44. Between 25 and 30 May 2015 the defendant researched and obtained additional freely available electronic documents including information on photodiode amplifiers, electronic voltage distortion amplifiers and the US patents all for related research on the LWR. The defendant also researched the internet on PCB milling machines and 3D printer milling machines. The defendant continued to research this topic until 9 June 2015. Additionally within these dates, the defendant commenced work on his computer for an additional electronic schematic circuit for his LWR design. 45. On 31 May 2015, the defendant saved a number of electronic schematic files on his Apple iMac computer in a folder titled 'Modified LWR'. The defendant also took a number of screenshots of these schematics on his computer and saved them to his desktop screen. 46. On 1 June 2015, the defendant continued his work on the additional electronic schematic circuit for his LWR design and saved images on his encrypted Linux operating system stored on his external hard drive, which showed images of the defendant's Laser Warning Receiver being constructed up until that date. 47. On 2 June 2015, the defendant continued working on and saving a number of electronic schematic files for the Laser Warning Receiver before compiling an 18 page written report saved as 'Report3_A.pdf'. This report was saved within the defendant's encrypted Linux operating system stored on his external hard drive. The document detailed further information and pictures about his testing for his Laser Warning Receiver design. The defendant later encrypted the document and protected it with the password 'Baaqiyah!'. Within the report, the defendant wrote a number of things such as: a. In the last report he included a pdf called 'bflwr.pdf' and mentioned it needed to be looked at; b. He needed to mention that the 'Arduino direction failed outdoor testing'; c. He believed this was because the sun emits infrared light and affected the sensitivity values thus sounding the alarm; d. He hooked up the laptop and noticed the Arduino values were at maximum; e. As such the setup will work at night but not in the day; f. The defendant posed the question: "so what do we need ?" and then answered it with: "We need an Infrared Laser Pulse Detector !"; g. A detailed explanation about how he fixed the problem and the research he came across. In this he stated: i. In his research he came across the work of another individual who made a prototype battlefield laser detector and has provided this information in the last report. This work was based on a US military tracer patent, that is an individual soldier's laser warning system that could be mounted on a vehicle or on the body of the soldier. The defendant stated he tried to replicate it as best he could. ii. Provided further pictures and schematics whilst extensively detailing his troubleshooting of the findings. iii. The defendant states it would be recommended to carefully study the placement of sensors on vehicles. iv. That "If you have any questions let me know and I will do my best to answer them". v. Finally, the defendant writes: "Your brother in islam. May Allah Subhana Wa Ta3alla give keep the khalifate soldiers steadfast and give them swift victories. I will continue my studies inshaAllah in area's that will benifit". 48. Lawfully obtained information showed that on unknown dates sometime during the period between November 2014 and September 2015, the defendant exchanged a number of images with unknown recipients using the encrypted internet messaging platform 'SureSpot', with one of the images in his gallery being a digital photographic image of the defendant's octagonal prism sensor unit for his LWR. Purchased items by the defendant relating to the LWR 49. Between January 2015 and May 2015, the defendant purchased online a vast number of items, mainly electronic items and componentry connected with the research and development of the LWR. Each purchase corresponded with a relevant phase of the defendant's research and development and showed his intention to fully construct a physical and working LWR. The items were easily available and purchased using a number of different online companies and websites such as eBay, RS Components, Element 14 and Jaycar Electronics. The purchases made largely in this order included: a. Circuitry controller boards. b. Circuitry sound buzzers. c. Circuitry sound amplifiers. d. Filter lenses for infrared laser cameras. e. Circuitry resistors. f. Photodiodes. g. A microscope. h. Circuitry boards (including copper clad circuit boards). i. Printed Circuit Board etching kit including 2 x containers of Ammonium Persulphate and Printed Circuit Board film. j. Electronic items for a potentiometer. k. An electronic frequency adjustable wave signal generator. l. A 3D printer. m. 3D printing filament. n. Other electronic components. o. An infrared torch. p. A laser dot module. q. An electric voltage regulator. 50. In particular, the electronic componentry items purchased throughout this period are virtually the same, bar one piece of componentry, to the recorded 'Components list' in the electronic schematic file 'BFLWR Full Circuit Modified with HA-5020 and No Logs Amps Simplified – for report.ms13' as created and saved on the defendant's Apple iMac desktop computer on 5 February 2015. The Components list is a list saved within the NI Multisim software of electronic items required to create that particular electronic circuit. 51. The parts used for the LWR are parts that could easily be obtained and made at home. Furthermore, following an expert assessment, the defendant's work was documented sufficiently well that it would be relatively straight-forward for a third party with a low engineering based skillset to reproduce. The circuits developed by the defendant worked in simulation and could reasonably be expected to work in hardware with continued development. The defendant's level of research and engineering skills were described as quite good for a non-tertiary qualified engineer and equivalent to a good home hobbyist or an early (first or second year) undergraduate engineering student. Operating Method, Online Security and Ideology 52. Between the period of December 2014 and May 2015, the defendant used a variety of software on his Apple iMac computer enabling him to effectively carry out his research and development. For example, throughout this period, the defendant used the program 'Parallels' allowing him to run 'Virtual Machines' (VM), being the running of alternate computer operating systems simultaneously on the same computer. One such VM used by the defendant during this period was 'Windows 8'. This setup allowed the defendant to run pirated electronic simulation software unique to a Windows operating system and easily transfer and use these files whilst using other operating systems such as his Apple iMac. 53. Furthermore, during this period the defendant increased other online security efforts and looked at material relevant to Islamic State. For example: a. The defendant bookmarked a number of websites on electronic simulation software, 'IR detection' and the 'Battlefield Laser Warning Receiver' in the TOR Browser of his Apple iMac computer. b. In the message regarding the 288 page 'LWR Report' saved in the defendant's computer terminal history the defendant indicated the continued use of the encrypted messaging application 'SureSpot' and the secure TOR email 'mail2tor'. c. On 11 February 2015 the defendant bookmarked a URL titled 'Sh.Ayman al-Zawahiri Says "Islamic State is An Independent Emirate" - YouTube'. The defendant also obtained a number Islamic State related videos on various dates. d. On 14 February 2015, whilst taking photographs of the LWR Sensor unit being 3D printed, the defendant bookmarked a URL titled 'Secure Messaging System for TOR'. e. On 24 and 25 February 2015, the defendant saved the computer operating system 'Tails' on his computer and created a Virtual Machine link in 'Parallels' to it. The defendant nicknamed this operating system username 'Stranger'. Tails, short for The Amnesic Incognito Live System is a security focused computer operating system aimed at preserving privacy and anonymity. f. On 4 May 2015, the defendant searched for and viewed YouTube videos such as: 'Battlefield 4 ISIS EDITION COMPILATION (ALLAH U AKBAR)'. g. Between 19 May 2015 and 24 May 2015 and several days after making the 'instructional video', the defendant researched the internet on how to make a Linux operating system bootable from a USB stick or external hard drive. It is alleged, this was used by the defendant to later encrypt an entire operating system and its contents onto a USB stick that could be accessed and used on any computer. The transition and use of this system is what dominated the defendant's operating and communication method into his next research and development project (Charge 2). Research and Development of Rockets and a Rocket Guidance method (June 2015 to February 2016) (Charge 1) Unguided rockets 54. Unguided rockets are rockets pointed in direction of the intended target and thus have limited accuracy. As such, unguided rockets are often launched in groups (or salvos). These rockets are much like larger hobby (high power) rockets in design, construction and performance and can be made quite cheaply with easily-available materials. Rockets have been used for military purposes for centuries. The key difference between hobby rockets and military rockets is that the latter contains some sort of device (warhead or payload) intended to cause damage to the target upon impact. Unguided rockets can be either 'fin stabilised', which is achieved through fins attached to the outer rocket body and/or 'spin stabilised', which is achieved through curved guides ('rifling') in the launch tube like a rifle bullet or spiral-shaped venturi style nozzles at the rear of the rocket motor which cause the rocket to spin. 55. Whilst there are many types of unguided rockets, one such example is the 122mm diameter Soviet-designed BM-21 truck based rocket launch system, commonly but informally known as a 'Grad' rocket. 'Grad' meaning 'hail' in Russian is a nickname for the whole system (truck, tube launchers, rockets etc.) however it has become associated with 122mm diameter tube-launched rockets of the same broad design that can be launched in salvos from trucks or from single-tube man portable launchers. Noting that 'Grad' rockets can be of varying lengths and ranges and carry different warheads, the characteristics of a 'grad rocket' that distinguish it from other smaller military rockets are as follows: a. Solid propellant for ease of handing and use; b. 122mm diameter; c. Tube or rail launched; d. Unguided, hence the need for stabilisation to achieve acceptable accuracy; e. Spin-stabilised; and f. Fin-stabilised. 56. Being unguided and thus of low accuracy, the original purpose of a 'Grad' rockets was to be used as one of many rockets (a 'salvo') against an area target several hundred metres wide and long that is several kilometers away (up to 10-30km). A 'Grad' rocket would typically cause significant damage to buildings and other structures and significant injury or death to people within 50m of the point of impact. 57. Other types of unguided rockets but of a much larger length (6.5 metres) and size (175kg payload) include various Iranian designs such as the 'Fajr' family of rockets which have an effective range up to 70km. Being unguided, these rockets could impact within a few hundred metres of the intended target. They are typically used against area targets such as formations of soldiers or populated areas. Due to the large size of the warhead, rockets of this size can cause significant damage including destruction of buildings and multiple deaths if they land in populated areas. Guided Rockets 58. Guided rockets (or missiles) are able to manoeuver (guide) through the air, typically by use of movable fins, to fly to an intended target. The rocket can be controlled by various means including: a. A sensor in the nose (a 'seeker') that detects and locks on to the target, b. A device that guides the rocket to a pre-determined location, or c. A command from the launcher on the ground sent by radio or wire. 59. Due to their accuracy, guided rockets are widely used in modern warfare to attack targets in the air and on the ground. The types of sensors and other electronic devices used in guided missiles can also be found in model rockets, although the material in guided rockets are a lot more robust, heavy, expensive and generally not available for purchase on the open market. GPS-guided rockets 60. The Global Positioning System (GPS) is a set of satellites which provide signals that GPS devices, known as 'receivers', in smartphones, car navigation systems and other equipment use to determine location on the surface of the Earth as well as speed. In the context of guided rockets, a GPS receiver could be used as part of a guidance system that steers the rocket to a pre-determined location. The location would be in the form of a set of coordinates determined as part of a target selection process prior to launch. 61. Within such a rocket guidance system, a GPS receiver would to be connected to an onboard computer that takes guidance information from the GPS receiver and converts it to signals that cause mechanical devices to move fins on the body of the rocket. This movement of fins then causes the rocket to change course (steer) towards the predetermined location. This conversion of information by the onboard computer from the GPS receiver to steering signals to the mechanical devices is achieving using software code developed specifically for this purpose. OpenRocket and Java Coding 62. To design an unguided or GPS-guided rocket, a flight simulation of the rocket design in software such as OpenRocket has significant utility. Java and Python are coding languages commonly used with software such as OpenRocket to create designs for flight simulation purposes. The Java and Python code in OpenRocket would be used to create programming rules on fin movements, GPS location, gravity and rocket motion that simulate or replicate the actual flight of the rocket in the air. Such flight simulations can be used to test and analyse the designs prior to physical manufacturing and flying the rocket. Hobby Rockets as a proof of concept 63. Smaller hobby (model) rockets can be used to provide test data in the modelling of a design for a rocket or as a scaled 'proof of concept' in the research and development of larger rocketry projects. However due to the clear differences in construction (cardboard, paper and plastic verses metal) and performance (lower and slower) direct comparisons are limited and full size testing would be required to complete any design with sufficient confidence that it would function correctly. The following activities would however, be of some utility in providing test data: a. Validation of computer simulations, such as those performed by OpenRocket [43] software, against flight test data of a hobby rocket to confirm that such software could be relied upon in designing a rocket; and b. Testing of home-made rocket propellant in a flight environment to measure thrust, burn rates and other key performance parameters. Islamic State and rockets 64. Beginning mid-2015, and during the same period that the defendant performed services in relation to Charge 2, Islamic State commenced industrialised, large scale and relatively sophisticated development and manufacture of unguided rockets of various types which included 'Grad' rocket designs. This work can be summarised as follows: a. The construction of steel bodied, solid fueled, fin and spin stablised rockets; b. The production of rockets in large quantities from crude available materials; c. The use of equipment in the manufacturing process such as metal lathes, mills, pipe threading machines, welders and presses. This allowed the rockets to be constructed with a high degree of accuracy. d. The use of specific rocket propellant recipe being: a. Potassium Nitrate – 62.5% b. Sugar – 25.5%; and c. Sorbitol – 12% e. The recording of rocket tests and inventories in a ledger/diary. 65. Islamic State also were attempting to research guidance through the disassembly and study of sophisticated Soviet-designed weapons such as the shoulder launch 9K32M 'Strela-2M' Man-Portable Air Defence Systems (MANPADS) and the aircraft launched R-40 air-to-air missile. 66. The work undertaken by the defendant and Islamic State indicates significant commonality such as: a. Similar design work on a 'Grad' rocket by the defendant to the 'Type 1' and 'Type 2' rockets developed and manufactured by Islamic State; b. Research by the defendant into Potassium Nitrate/Sorbitol and Sugar (KNSB) as a composition for rocket fuel propellant and its use by Islamic State in their rockets; c. Research into rocket guidance. Research and Development of Rockets and a Guidance Method performed by the Defendant 67. The research and development activities for rockets and a guidance method undertaken by the defendant, using hobby rocketry and computer software, such as OpenRocket, as a testing and simulation platform, were significant and broad. The defendant's activity in this field can be broadly summarised as being conducted in the following areas between June 2015 and February 2016, usually in the late hours of the evening and early morning at his residential address: a. Researching the performance and manufacture of rocket propellant; b. Conducting flights of hobby rockets to test the accuracy (proof of concept) of computer software that designs and simulates rockets, such as 'OpenRocket'; c. Designing unguided rockets like the 'Grad rocket' using computer software such as OpenRocket; d. Designing a much larger unguided six metre long rocket named the 'Maghrebi' using computer software such as OpenRocket; e. Research and development into guidance for rockets using GPS through the use of computer software and java coding. 68. During this period, the defendant also generated a number of written reports and a video regarding his research and development into rockets and guidance systems. The defendant signed off his reports using the alias 'Stranger' and 'The Ahk A01' when generating simulation of rocket designs using computer software for Islamic State. Specific Research and Development undertaken by the Defendant 69. On 20 June 2015, the defendant saved a number of computer-aided-drawing CAD files of hobby sized rocket bodies and nose cones for the program 'Meshmixer' on his Apple iMac desktop computer. It is alleged the defendant was locating template CAD designs on the internet for small rockets to amend and make his own version. 70. That same date, the defendant saved a picture titled 'terror.png' in his pictures files of an encrypted Linux operating system containing Arabic writing and the English translation underneath. The text written was: "We will cast terror into the hearts of those who disbelieve for what they have associated with Allah of which He had not sent down [any] authority. And their refuge will be the Fire, and wretched is the residence of wrongdoers". 71. On 23 June 2015, the defendant saved another image in the same folder, being a screenshot of another quote translated as: "O you who have believed, do not take the Jews and the Christians as allies. They are [in fact] allies of one another. And whoever is an ally to them among you – then indeed, he is [one] of them. Indeed, Allah guides not the wrongdoing people". 72. On 6 July 2015, the defendant created a word document saved as 'AN + AP', a 5 page document with the title: "How to make Ammonium Nitrate using house hold chemicals (1) followed by the Youtube link to a video with the title 'How to Make Amonium Nitrate'. The defendant then turned the document into a PDF, encrypted the document and protected it with the password 'BaaqiyaH!'. The document consisted of the following: a. Instructions on how to make Ammonium Nitrate as per the video and from various off-the-shelf chemicals. ZAHAB notes it is cheaper to buy it but 'our' objective is to explore the chemistry; b. A heading 'How to get Ammonium nitrate AN – NH4NO3 out of Fertilizer' and a link to a YouTube URL; c. A heading 'Make/Obtain Ammonium Nitrate (from instant cold packs) followed by a link to a YouTube URL. The defendant then wrote 'another way here' followed by another YouTube URL; d. The defendant wrote: 'How to make Ammonium Perchlorate' stating it was not easy to find the full process but that he had found a blog and provided a URL link. The link leads to a blog titled 'The Rocket Blog' with the subheading 'A blog about anything related to rockets and space technology from news to how to make your own propellant' dated 17 July 2012. The blog explained some brief information on how to make ammonium perchlorate. The defendant then cut and pasted the information from the blog into the document; e. The defendant then wrote 5 steps to make Ammonium Perchlorate using the process of 'Electrolysis' after stating 'So to my understanding heres is what I understood the process to be'; f. The defendant noted a good video on how to make Potassium Perchlorate (KCLO4) and provided another YouTube URL, being a video titled 'Potassium Perchlorate'. The defendant stated 'It will help you see the process !'; and g. The defendant signed the document off with his alias 'Stranger'. h. 73. The chemical Ammonium Nitrate can be used within the composition mixture of fuel propellant for a rocket. The chemical can also be used (in different proportions) within the explosive composition mixture for the warhead of a rocket. In the case of Islamic State, the chemical Ammonium Nitrate was frequently used in combination with Aluminum paste as the explosive mixture for their Improvised Explosive Devices (IEDs) and within the warhead of their manufactured rockets. It is alleged this document was later described by the defendant in his discussions with ULLAH as a 'chemical munitions cookbook' which he sent to Islamic State. 74. Between 22 July 2015 and 5 August 2015, within his encrypted Linux operating system stored on his external hard drive, the defendant continued to experiment with and create several types of 'grad' rocket designs. The defendant used the computer modelling and simulation software 'OpenRocket' to make and save these designs. As a result, the defendant generated two 13 page OpenRocket documents titled 'example 2' and 'ex2' and a 19 page 'OpenRocket' document titled '122mm_312cm_5kg_8km' detailing the diagram and specification of his rocket designs. The document title referred to the measurements of the rocket (diameter_length_payload_range). The documents were comprehensive and provided a vast range of data on the rocket design including its measurements, capable altitude, flight time, speed and material type and composition for each section of the rocket. 75. On 5 August 2015, the defendant created a specific rocket design type based off the 'Grad' rocket. The defendant also saved a number of images of the generated 'Grad' design, measuring approximately 3 metres in total length. Additionally, the defendant authored a 4 page document titled 'OpenRocket_Example'. The defendant later encrypted this document and protected it with the password 'Baaqiyah!'. Within the report, the defendant wrote and inserted a number of things such as: a. The title of the report was written as 'This is an Example report for Rocket modelling using OpenRocket (open source ware)'; b. That the simulation software is reported as very accurate, there are videos online comparing the simulation data to real life launches and they are amazingly close and very accurate. The defendant writes the software is thus very useful; c. The defendant states in the report "I will try to give an example of a model I made up based on a grad 122mm specs…"; d. A screenshot image of the rocket diagram and specifications designed by him in OpenRocket; e. A further picture of the rocket identifying its features: f. An explanation by the defendant about how adding components to the rocket affects certain measurements; g. An explanation about the rocket engine decided upon by the defendant; h. The statement "So we modelled a rocket with components needed to do a simulation". It is alleged this is one of multiple references to the defendant working with others on researching rockets for Islamic State; and i. An explanation of using the software to conduct flight simulations. 76. On 6 August 2015, the defendant updated, saved, encrypted and password protected the document 'OpenRocket_Example' adding a further 5 pages of work. In this additional 5 pages the defendant wrote and inserted information including: a. How to adjust the settings in OpenRocket for the purpose of flight simulations, plotting and graphing the rocket flight using a latitude and longitude measurements; b. Using a GPS [44] visualisation calculator, with the desired latitude and longitude, to show on a map the 'launch location' and ground hit location. The example used by the defendant was a map of the rocket launch, distance and ground hit in the Syrian town of 'Sarrin' based in the north eastern province of Aleppo. At the time of this report being written, the town of 'Sarrin' was being fought over between Islamic State and members of the Kurdish YPG and Free Syrian Army; c. Using the altitude profile graph between launch and ground hit to ensure the path is clear for the rocket to avoid any hills; d. That the defendant had attached further information to the report including a design, information on rocket grain propellant used in the simulation that he had researched and modelled it on; e. Advice on finding the right fuel propellant to match the data to ensure its accurate, for example the thrust values of 'AP' mix are a lot higher than a KNO3/Sugar mix; and f. Advice to play with the wind settings to see how it effects the rocket trajectory. 77. Throughout August 2015, the defendant commenced researching, downloading and saving a number of freely available documents he obtained from the internet in relation to experimental rocketry, fuel burn rates for rockets and calculators, rocket propellants, rocket motor thrust data, rocket motor designs and calculators and rocket 'Kn calculators'. The defendant also obtained phone applications to measure degrees and radians and studied computer coding such as java coding to model a guided 'grad' rocket in OpenRocket and study the effects on fin changes, gravity and target GPS acquisition. A number of new OpenRocket files were saved by the defendant during this period. 78. Some of the specific documents obtained from the internet during this period and relating to fuel propellants and rockets in general were: a. An 11 page document named 'Sugar Propellant Motor Design'; b. A 764 page document titled 'Rocket Propulsion Elements'; c. A 619 page document titled 'Solid Rocket Propulsion Technology'; d. A 7 page document titled 'Sugar Propellants: Casting Tips and Safety'; and e. A 178 page document titled 'The Rocket Artillery Reference Book'. 79. On 7 August 2015, the defendant saved two text documents on the desktop of his encrypted Linux Operating system, stored within his external hard drive. One document titled 'PNmix' detailed the defendant's preferences on fuel propellant mixtures and proportion. The defendant also stated "But all the pros seem to use KN/sorbitol which I cannot afford". The second document titled 'Performance', detailed various information on the thrust measurements of sugar based rocket propellants including the rates for miniature black powder rocket motors and various 'Estes' rocket motors. 80. On 12 August 2015, the defendant created and authored a comprehensive 15 page document saved as 'Custom Engines for simulation Tutorial.odt'. The heading within the document was 'How to make custom engines (Eng files) with thrust curve data for Potassium Nitrate(KNO3)/Sugar based propellants'. The document was saved in the defendant's 'My Documents' folder within his encrypted Linux operating system stored on his external hard drive. Within the document the defendant inserted and wrote the following: a. That in the document he would demonstrate two ways he currently does it and some information to consider when modelling propellant; b. The first way was using a calculator from 'Richard Nakka's Experimental Rocketry website' whose website was the 'goto' place for rocket design and respected in the rocketry community. The defendant then provided the website for the calculator he used; c. Explained how to open the calculator and noted that he was using 'linux'. The defendant stated he would be using the procedure to make a 'Potassium Nitrate/Sorbitol(fine)' propellant. The defendant also stated he would use dimensions for the propellant based on designs currently in use so that one could compare and fine tune the modelling accuracy techniques for future designs. The defendant suggested it would be good to do a real test to log the distances and thrust burn time; d. Talked through the numerous steps entering data relevant to the rocket design 'PDF3' and for 'KNSB [45] (fine)65/35'. Within each step, the defendant used very specific measurements for each part of the rocket motor. The defendant also mentioned that he changed the title 'Example Rocket Motor utilizing KNSB Fine 65/35 propellant' to reflect the 'purpose'; e. The defendant then continues to calculate and discuss the grain density's for different propellant types. The defendant also discusses the different parts of the calculator; f. Stated that to get an understanding of the maximum design chamber pressure 'we' need to look at the materials used for the chamber pressure, which: "is currently to my understanding Wrought Iron". The defendant stated that when designing, one must take into account the mechanical properties of the material being used to cope with the pressure developed in the chamber. The defendant further explains the things that affect this pressure are 'propellant types, dimensions and nozzle throat diameter'; g. Stated he had done a quick search of the properties of 'wrought iron' and used another calculator to assist. The defendant then inserted results from that calculator; h. Discusses that he may be wrong with the materials chosen and stated "If you get the material properties for wrought Iron let me know". The defendant further stated that for the purpose of 'this tutorial' it was not overly important and his steps were for 'informational purposes only'; i. The defendant then goes back to the previous calculator and identified what target chamber pressure he had used; j. The defendant discussed using the 'nozzle to core calculator.xls' and the figures and measurements of 'pdf3', leading to calculating the 'thrust curve data'; k. The defendant then stated that to create a rocket engine file from this one would need to input the relevant data into 'ENG editor or 'MotorSim', and goes on to explain how to do this; l. Inserted a number of graphs and charts showing the results of the inputted data into these applications; m. Once this was completed, the defendant stated to insert the 'ENG' files into OpenRocket. The defendant stated he did this for the 'PDF3' design and then inserted the results of the KNSB propellant engine. The defendant stated the result was a figure above at a 35 degree from vertical launch lateral distance (range) for the rocket about 5.75km for the 'ENG editor' application and 6.3km for 'MotorSim'; n. The defendant mentioned that experiments and test launches needed to be conducted to compare simulation results so that it can be refined for future design aids. He then inserted numerous website URL links that he found useful in the study of rockets; o. The defendant finished off with saying: "I hope this tutorial helps and aids you in your endeavours…". The defendant noted that he included other reading material for interest – "particularly on the behavour of 'KNSB'". The defendant stated that KNSB has been reported as a finicky grain and that burn times and characteristics vary due to temperatures and the propellant being hygroscopic. The defendant stated that 'many using this propellant protect their propellant using bags'; and p. The defendant signed the document off with 'By the Ahk A01'. 81. Shortly after making that document, the defendant continued to edit and save a number of OpenRocket design files for the 'PDF3' rocket design. The files were saved under various names such as 'PDF3 Rocket Eng Tutorial-Modified fins.ork' and 'PDF3 Rocket Iron fins 10kg heag.ork'. Further research and development of rocket designs and guidance systems 82. On 14 and 15 August 2015, the defendant finalised his 'grad' rocket designs by saving numerous OpenRocket and rocket 'Engine' files, generating and saving several OpenRocket images of the rocket with the Islamic State flag on them. Some examples of the file names were: 'IS-Grad-KNSB-10Bates-1052psi noz30-Motorsim 2' and 'Grad122mm 10kg Payload.ork'. 83. The defendant then saved all of the files relating to his 'grad' rocket design into a folder titled 'Grad270' and then 'zipped' (compressed) the folder and files. Within the 'Grad270' folder was another folder titled 'Good read' which contained four of the documents relating to propellant rocket motor designs the defendant had previously obtained from the internet. Additionally within the 'Grad270' folder, was a text file created and authored by the defendant named 'Readme'. In that text file the defendant wrote the following: a. That the attached motors are a mix generated by 'MotorSIm and Calculated by SRm calculators'; b. That some nozzles are with 28mm throats and some 30mm throats; c. Some are 1pc grains and some 10pc; d. The maximum pressure is 1500psi and lower. The defendant then states: "If we make the nozzle even smaller say to a preferred 25-26mm the performance will increase , but so will the max psi pressure in the burn chamber!"; e. The defendant stated this is why 'we' need answers on what the maximum pressure can be. The defendant stated he left the design at a certain specification which gets it up to 14km; and f. The defendant wrote: "BTW Also the nozzles in the engines are not fully optimized - so they can be tweaked even further for better performance...What I mean by this is the exit chamber diameter can be bigger as it was recommended by the calculator. Once you confirm the max design pressure of the chambers we can design to , we can start to design bigger and longer range and bigger payloads. The Ahk A01". 84. Separate to the above, during these dates the defendant also created and saved his OpenRocket and Engine designs for a much larger rocket design (6 metres long) he named the 'Maghribi' (also spelt 'Maghrebi'). Some examples of the file names were: 'IS-Grad-KNSB-10Bates-1052psi noz30-Motorsim 2' and 'Grad122mm 10kg Payload.ork'. The defendant also generated and saved several OpenRocket images of the rocket with the Islamic State flag on them. 85. The defendant then saved all of the files relating to his 'maghrebi' rocket design into a folder titled 'Al-Maghribi' and then 'zipped' (compressed) the folder and files. 86. On 15 August 2015, the defendant authored and saved a file named 'Doc1' on his encrypted Linux operating system stored on his external hard drive. The document contained the heading 'Update GPS Guidance 14-08-2015' and commenced with the defendant writing a number of things such as: a. "Oke so here is what I have until now. When the missile has reached its maximum heigh and starts decreasing in altitude we need to start making actions. We do that with this method"; b. Stated that the GPS has 50 updates per second and calculated how long the missile had; c. Instructed to first 'set the GPS on lock' and continued with a number of instructions relating to the following three functions: i. Determine if the object reached its height and starts going down; ii. Steering the rocket; and iii. Land on target. d. At the last function 'Land on target' the defendant wrote: "This is the part where me and A03 need to simulate the adjustable fins in OpenRocket to see how fast it changes direction so we know at what distance before the target we need to turn the missile 90 degrees to the ground again". 87. On 17 August 2015, the defendant authored and saved a four page PDF file titled 'TcLogger_propep3.pdf', with the heading within the document 'Some info on TC Logger and Propep3 …'. The file was saved in in his encrypted Linux operating system stored on his external hard drive. The document contained: a. Basic information about 'TC LOGGER USB' that comes with material for connecting a 'Load Cell, Pressure Transducer and Charger. The defendant stated it was capable of collecting data to generate 'Flight Motor Thrust Curves'; b. Information on the software that it can used in, such as 'BurnSim' and 'MotorSim', and stated is a "Very good tool that every university should have for research and development of custom propellants …"; c. Provided some further information on 'propep3' showing how to enter the ratios of the propellant. For example, the defendant input ratios such as 65/35, 68/32, 61.5/38.5 for Potassium Nitrate/Sorbitol and included some pictures; and d. States that the ratio 65/35 seemed to be a more efficient burning ratio. The defendant concluded with the following: "Anyway a great tool to have , but in the mean time one could continue with the simulation tools on hand that provide reasonable accuracy for generating simulation data for 65/35 ratios… Also accurate comparison of real life performance measurements like flight times , weather , burn time will give u an indication of how close the simulation model is. The Ahk A01". 88. On 18 August 2015, the defendant saved a 10 page word file authored by himself and titled 'PDF1 Assessment.odt'. The heading in the document was titled 'Study of design PDF1 SS-1'. The file was saved in in his encrypted Linux operating system stored on his external hard drive. Within the document the following was written and inserted: a. A diagram and OpenRocket generated diagram of his 'grad' rocket design PDF1 SS-1; b. The 'Aim' of the document was: "To check design feasibility and simulation results of design PDF1 (SS-1). Simulation using OpenRocket. Rocket Motors generated using both MotorSim (burn simulator) and Nakka 2014 calculators..To Study the simulation of the specifications as per PDF1....To Study Slight modifications effects such as reducing nozzle throat diameter and the effects on maximum pressure"; c. The defendant then provided the specifications for the rocket design: d. The defendant went into the simulation methods stating he used 'OpenRocket and the same 'specs' as 'PDF1'. The defendant stated the material chosen was wrought iron with a plastic nose cap; e. The defendant described the simulation methods he used including 'Motorsim' and 'Nakka'. The defendant further described the propellant mixture and proportion used and a total of the 4 thrust curves; f. An image of the open rocket simulation of the rocket: g. A description of the simulation settings and explanation of the results: h. Further information and graphs about four other simulations; i. Summarised the results as warranting the production of some prototypes for testing with payloads of 7kg. The defendant states he believes the average distance for the design was 8km. The defendant further explains that his research revealed that the initial thrust of the rocket should be 5-6 times the weight of the rocket. The defendant then explained the calculations; j. The defendant then wrote in his 'conclusions' that he tried to reduce the fins height from 250mm to 200mm which increased the distance slightly. The defendant stated he had attached the ork file and eng files generated for the study and assessment; and k. The defendant then signed the document off as 'The Ahk A01'. 89. On 19 August 2015, the defendant saved a 7 page word file authored by himself and titled 'PDF4 Draft Report.odt'. The heading in the document was titled 'PDF4 Draft Assessment'. The file was saved in in his encrypted Linux operating system stored on his external hard drive. Within the document the following was written and inserted: a. The 'Aim' as: "To take a draft design of pd4 and check possible lateral distances…"; b. An image of a handwritten diagram under the heading 'PDF4 Draft Design specification'; c. The defendant caveats the diagram with a number of dimensions that are not known such as, nose cone, detonator cap, bulkhead, nozzle sleeve, fin etc; d. The defendant stated that 'on advice the warhead is 10kg'; e. The defendant then goes into further details of the specifications for the rocket design such as: Total length 312cm, Total weight 106kg, Propellant dimentions 1580mm x 129mm x core 50mm and Nozzle throat 40mm – exit 112mm; f. The defendant continued into the simulation settings and results for four different simulations, inserting further graphs and pictures; g. The defendant finished off the report with saying that the nozzle settings were the same as the 'PDF1 report' and that tweaking the nozzle had only minor effects. The defendant stated the report was only a draft as some specifications were unresolved; and h. The defendant signed the document off with: "By the Ahk A01'. 90. On 20 August 2015, the defendant saved a number of cached thumbnail images on his encrypted Linux operating system stored on his external hard drive. The images showed images of rockets being manufactured. The source of these photographs are unknown other than metadata indicating they were saved in a TOR browser folder titled: 'Jund%20Khilafa%20rocket/JKR-PDF4'. 'Jund Khilafa rocket' is Arabic for 'Soldiers of the Caliphate rocket'. One photograph included a picture of a phone screen showing a series of text on the screen. The text began with the heading 'JKR measurements' before going into measurements of the rocket which matched those recorded in the defendant's 'PDF4' design. The following heading 'Main problem' continued with listing issues about what materials to use for each part of the motor and conveying concerns about its weight. 91. That same date, the defendant purchased a 'Hunters ChoiceRocket Launch Set' from the online shopping website 'eBay'. Lawfully Intercepted Information (LII) indicated shortly after the purchase the defendant called the eBay retailer direct during which he mentioned the following: a. The defendant stated he was calling to enquire whether the set came with 'A3 4TS engines'. The retailer informed the defendant he could purchase those on their website; and b. The defendant mentioned it was for his son who was really 'into space' and who just wanted to do experiments with his dad. The defendant also said they are on acreage so it should be alright as no one is around. 92. LII indicated several hours later that date the defendant then purchased a 3 pack A3 4T rocket motors including starters and an igniter. 93. On 4 and 5 September 2015, the defendant continued his research and development using hobby rocketry in the following ways and order: a. Scanned a copy of the components and installation instructions for the hobby rocket on his Apple iMac computer; b. Researched material and Youtube videos on the internet relating to model rockets and 'B4 to A4' rocket engines; c. Used the CAD designing software 'Blender' to create and save files of the outer casings for various different sized hobby rocket engines: d. Completed those files into the 3D printing program 'Flashprint' and 3D printed the outer casings: e. Continued research on material and Youtube videos on the internet relating to model rockets and various videos on launching hobby rockets with 'Estes' branded rocket engines; f. Photographed and filmed the failed launching of a hobby rocket from the backyard of his residential property: g. Created an OpenRocket file, being a rocket design based off the hobby rocket measurements in the folder name 'Shortround'; h. Continued further research on material and YouTube videos on the internet relating to model rockets and model rocket engines; i. Purchased online 2 x Estes C6-5 Rocket Engines (3-pack) and 1 x Estes B6-4 Rocket Engines (3-Pack); j. Scanned a copy of the 'short round' Estes rocket installation instructions for a hobby rocket on his Apple iMac computer; and k. Purchased online '1 x Nitrate Stump Remover 2.5kg' being a 2.5 kilogram back of Potassium Nitrate (KN03). Potassium Nitrate is a typical oxidiser (provider of oxygen for combustion) in rocket motor propellants such as those found in hobby rocket motors where it typically comprises about three-quarters of the propellant by weight. Potassium Nitrate can also be mixed with table sugar to create a propellant known as 'KNSU', often referred to as 'sugar rockets'. It is alleged that during this time period the defendant also continued specific research and development into types of propellants to develop a propellant inside a rocket engine that could provide greater size and energy in a rocket or missile. 94. On 7 September 2015, the defendant completed and saved a video he created titled 'OR accuracy.mpeg'. The video was 5 minutes and 37 seconds in length and was a compilation of work undertaken by the defendant regarding his study of 'OpenRocket' to date using hobby rocketry as a validation tool. Whilst the video plays, the Islamic State nasheed (chant) titled 'Come on, come on protectors of nobility' can be heard playing in the background. The following is shown and inserted into the video: a. The video begins with the slide: "IS OpenRocket Accurate ? And If So, How Accurate?"; b. In similar style to the video made and authored by the defendant on 16 May 2015, the defendant then shows a cropped screen (removing any identifying features of the computer desktop). Viewable is the window of the program 'OpenRocket' and a text editor over-layed on the top which writes the following before being deleted after several lines each time: So I got a small model rocket for my son :) After putting the rocket together and after the glue dried. I measured the dimentions and weight. I entered the data into OpenRocket. Exactly as best I could ! Lets do a simulation ….. c. The defendant then runs a simulation setting on OpenRocket for the file 'Shortroundrocket.ork'. During the simulation the defendant showed the graph for 'Simulation 1' on the screen before continuing to type again in the text editor: Ok as you can see … Flight time was about 14.4s Apogee altitude 100m This rocket cam with a recovery parachute ! That means the motor has a delay after firing … It then after the delay of 4-5 seconds ignites the black powder and cause the nose cone to open pushing out the recovery parachute… So lets see if the delay is there in the settings …. d. The defendant then continued to show and discuss a number of rocket measurements, settings, simulations and pictures of the hobby rocket within OpenRocket; e. The defendant proceeded to show two videos of him launching a hobby rocket in his backyard. After showing each video, the defendant showed a number of screenshots detailing his measurements of times being when the rocket launches, ejects the cone and hits the ground. The defendant also recorded the hobby rocket's lateral distance travelled; and f. The defendant finished the video by comparing the measurements of the launched hobby rocket to those predicted by OpenRocket arguing they're the same. The defendant concluded with: "Now you tell me …. IS OpenRocket Simulation accurate ? Or were those 2 launches a fluke ? :)". 95. Between 9 and 30 September 2015, the defendant continued his research and documentation which included: a. Saving a spreadsheet containing burn calculations of the propellant mixture 'KNSB' for the 'PDF1' rocket design; b. Creating a document saved as 'MT draft.odt' which contained copied and pasted information from the internet relating to 'Missile Propulsion'; c. The saving of documents onto his mobile device such as 'Sugar Propellant Motor Designs' relating to information on a 'Sugar Motor' design rocket propellant and 'Thrust Curve Tool' containing information on the tool designed to analyse rocket motor thrust data and produce files for flight simulators; and d. The saving of various burn rate calculators using Python (computer coding). 96. Between 4 October 2015 until 12 November 2015, the defendant continued extensive related research which included: a. On 4 October 2015, the defendant saved a series of notes containing a vast array of information regarding propellants and relevant YouTube URLs; b. On 9 October 2015, the defendant filmed a successful launch of a hobby rocket from the backyard of his residential premises; c. Research about the computer programming language 'Python', specifically the modification and execution of computer code and the use of Python with electronic componentry such as 'Arduino'; d. On 11 October 2015, the defendant bookmarked internet webpages relating to studies on rockets which included the use of the rocket designing software 'Open Rocket', 'Event driven flight computers' for rockets and 'real time telemetry visualisation'. Telemetry is the process of recording and transmitting the readings of an instrument. It is alleged the defendant was researching these topics to assist him with his research and development for computer simulation models for a guidance system for a rocket; e. On 22 October 2015, the defendant further researched the internet on 'model rockets' and 'exploding compressed air rockets'; f. On 1 November 2015, the defendant saved a number of files within the 'Books' folder of the TOR Browser Directory [46] of a Linux computer operating system saved on an encrypted USB stick. Many of the files related to learning Python programming [47] ; g. On 4 and 5 November 2015 the defendant browsed 'rocket' projects on the website github.com and downloaded a number of files and programs onto a Linux computer operating system saved on an encrypted USB stick, including: a) Bates Grain Burn Rate Calculator. b) ConvertAll (PyQt), being a program that converts different types of units. c) MotorSim-2.0-BETA.jar, being a program that simulates rocket motors. d) 'Hybrid-cal.info, a document that contained information about a tool to make rapid design changes, or scale a particular design relating to a burn simulation. e) 'Motorcalc', which was a text file about the program Motorcalc, which was written software for a new motor design. f) Information on Python programming. g) The document 'Sugar Propellant Motor Design.pdf'. h) Generic files associated with the software for the program Open Rocket. i) 'Excel Spreadsheet titled 'Solid Rocket Motor Performance' which appeared to be a calculator to predict the performance of a Solid Rocket Motor. j) Academic document titled 'Trajectory Modelling of Grad Rocket with Low-Cost Terminal Guidance Upgrade Coupled to Range Increases Through Step-Like Thrust Curves', which discusses the modelling of a 'GRAD' rocket in Earth's non-inertial frame. k) Academic document titled 'An Integrated Six Degree-of-Freedom Trajectory Simulator for Hybrid Sounding Rockets' which discussed a set of mathematical models of a generic hybrid rocket mission developed for flight performance prediction purposes. l) Academic document titled 'A Monte Carlo Dispersion Analysis of a Rocket Flight Simulation Software' which discussed a Monte Carlo dispersion analysis on a medium range solid propellant rocket simulation software. m) 'Flight Safety Analysis Handbook' written by the Federal Aviation Administrator; n) 'Flight Path Angle Dispersions (rev.1)' which discussed dispersions in engineering and the errors in trajectory state vector at a specific time, or errors in a defined event. o) Academic document titled 'Trajectory Prediction for a Typical Fin Stabilised Artillery Rocket' discussing the trajectory prediction and dispersion for unguided fin stabilised artillery rocket in order to explain the importance of the rocket production accuracy and the benefit of using guided rockets. p) Academic document titled 'Sounding Rocket Dispersion Reduction by Second Stage Pointing Control' which discussed the mission architecture of 'SHEFEX II' which featured a two stage solid propellant sounding rocket vehicle on a suppressed trajectory. q) Academic document titled 'Simulation research on air-bust dispersion of some multiple launch rocket system' which discussed Air Bust Dispersion, a new multiple launch rocket system and a simulation method. r) Real Time Object Detection and Tracking System with Rotating Camera and an Integrated Six Degree of Freedom Trajectory Simulator. The document discussed the real-time detection and tracking of a moving object in a video stream with a 360 degree moving camera. 97. Throughout the remainder of November 2015 and continuing onto 16 April 2016, the defendant continued to have in his eBay 'watch' list model rocket motors including ignitors. The defendant also continued to research computer (java development) and 'python' related courses. Other research and testing undertaken by the defendant primarily related to simulation software and coding which included java coding with the Android computer operating system platform. Additionally: a. On 4 January 2016, the defendant modified a number of programming Open Rocket associated files relating to rocket simulation and downloaded a thesis titled 'Development of an Open Source model rocket simulation software'; b. On 9 February 2016 the defendant saved the following program files to a Linux computer operating system saved on an encrypted USB stick: a. density2: a converter calculator; b. ENG editor: a rocket motor calculator; and c. kncalc: a 'Kn' calculator. c. On 5 March 2016 the defendant sent an email to himself with the following attachment – 'Sugar Propellant Motor Design.pdf', the same document saved previously which contained information about Sugar motor programming/ coding; and d. On 14 April 2016 the defendant researched material on Arduino communications as well as software, android and motor modification with the rocket simulation software 'OpenRocket'. 98. Throughout the period mentioned above, the defendant also saved a number of thumbnail images relating to large rockets were saved within a cached folder on the defendant's encrypted Linux operating system stored on his external hard drive. INITIAL POLICE INVESTIGATION 99. In July 2015, the defendant came to the attention of Australian law enforcement authorities as a result of Operation Marksburg, an Australian Federal Police (AFP) investigation which identified members of the defendant's family having departed Australia in order to participate in the civil conflict in Syria with Islamic State. Surveillance Device and Telephone Intercept Warrants were obtained for the defendant between 12 August 2015 and 6 February 2016. As part of the investigation, on 12 November 2015 the AFP also conducted a section 3E Crimes Act 1914 (Cth) search warrant on the Sydney residential address of the defendant's sister. 100. On 13 November 2015, LII identified the defendant received a phone call from his sister telling him about the search warrant on her premises. LOI indicated immediately after that phone call the defendant selected saved images on an electronic device of large rockets which included diagrams associated with rocket burn rates. Additionally, the defendant began searching his electronic device for 'isis' and deleted several related e-mails and images. 101. LOI from 21 November 2015 indicated the defendant with username 'stranger777@jabbim.cz' had a text message conversation using a secure encrypted messaging application with the username 'craftylot@jabbim.cz'. During the conversation the defendant indicated to 'craftylot': a. He was under a lot of heat and his sister just got raided. b. That he thought he would be raided too. c. That the user 'sisiqardon' had gone quiet lately d. That he'd been visited by a snitch who informed him he was under suspicion for facilitating help for the muhajireen. e. That he thought the snitch was wearing a wire so he 'deleted everything' and is still going with the 'secure deleted'. Continued Operating Method, Online Security and Ideology 102. During the period between June 2015 and April 2016, the defendant continued to increase his online security efforts and access material relevant to Islamic State such as: a. Using numerous encrypted messaging applications and private search engines. b. Listening to a number of nasheeds that are connected to or produced by the Islamic State, obtained a series of Islamic State 'Surahs' (being religious obligations) and saved a number of memes on his electronic devices espousing ideological support for Islamic State. c. Saving images which showed a silhouetted person in a hooded jumper with the words "I'm back Kuffar ! So die in your rage" used as the icon/profile picture of an encrypted messaging application used by the defendant. The picture was also used as the profile picture for his Twitter account @StrangerAhk. d. Downloading videos and publications associated with or supportive of Islamic State, such as: a) Return_of_khilalfah.mp4 – a well-known IS video outlining the start of IS; b) Part_1_The_Lives_of_the_Prophets_by_anwar_al_Awlaki_YouTube.mp4; c) There Hereafter Complete Series by Anwar Al-Awlaki 8/22 Cometoislam Cometosuccess'; and d) Life of Prophet Lut Pbuh Imam Anwar Al-Awlaki – YouTube. e. Conducting various internet searches on electronic devices (using TOR or Disconnect Search), relating to the Islamic State, such as 'will the Islamic State win', 'paris attacks', 'conquest of Syria al-waqidi.pdf', and 'why did they cancel v' (a program that raised contentious issues between the Obama administration and the death of Osama Bin Laden); f. Browsing a number of webpages showing articles regarding the Islamic State, such as ;'20committee.com' showing an article about the conflict involving the United States and fighting Da'ish (IS); g. Downloading a number of Islamic related literature, some of which is regarded as extremist literature, including 'Advice to Those who cannot come to Sham' by Abu Sa'eed Al-Britani. This is a known Islamic State publication that is essentially a guidebook for people wishing to travel to Sham (the Levant) but are unable to do so and provides a synopsis of justifications for the killing of people within dar al-kufr (abode of unbelief). The sections of the publication advocate supporting jihadis families, sending money through theft or bank loans to jihadis already in Sham, trying to alternate routes to travel to Turkey, or travelling to another site of jihad. Chapter headings include: 'Kill the Kuffar In their Own Land', 'Killing Women and Children', 'Killing Methods', and 'Surrendering to the Police VS Fighting to Death'. h. On 13 February 2016 engaging in a group chat titled 'Super Duper Fun Time' with members 'Golden Age', 'AHM', and 'Peter Laptop'. During the conversation, a number of things were discussed, including: a) The defendant: Everytime im away for a bit something always happens, artillery from inside turkey to that base? b) The defendant: How accurate can artillery be? c) AHM: Very accurate depending on what type. Some is like laser guided rockets d) The defendant: Hmmm maybe gps guided e) The defendant: Laser if they are using designators of drones or special ops f) The defendant: Apparently some of the howitzers in IS hands have capability of gps guided artillery shells, but unknown if that capability was ever used or if the know how was their. i. Between 9 September 2015 and 9 October 2015, the defendant spoke on the telephone with Saoud RAAD and a 'Abu Bakr', where he discussed the following: a) Discussed with 'Abu Bakr' both their dislike of Shiite Muslims and their alignment with Russia in a 'holy war'. The defendant concluded by referring to the Syrian town of Dabiq. The defendant's remarks were: "Dabiq is drawing closer. Dabiq is waiting". [48] b) RAAD wished ZAHAB well for his son who was sick in hospital and said 'Tell him, we are baqiyah'; c) RAAD stated 'Our children or our grandchildren will live under Islamic State Allah (god) wiling' to which the defendant replied 'Allahu Akbar (god is great)'; d) The defendant stated 'may Allah bless the Islamic State who is bringing up an entire generation now, babies, exhalted is Allah, each woman are carrying twins; e) The defendant stated a thinker wrote that Islamic State is a form of stability in the Middle East and said a proper Sunni State should exist there; f) The defendant said that he admired the publications and messages of the Islamic State issued for the festival of Eid; g) The defendant and RAAD discussed the positives of Islamic State, the various conflicts faced by Islamic State, the enemies of the Islamic State (such as the United States and Russia), various videos and recordings released by Islamic State, and generally espousing their support for Islamic State. j. Accessing a video which referred to an article talking about the potential for individuals to communicate with complete anonymity. k. Using his encrypted USB stick to access a mobile phone emulator. In the emulator, the defendant input a number of false names and details for encrypted e-mail accounts, allowing the defendant to communicate with other people anonymously. During this time the defendant subscribed to an Islamic State news channel and received constant updates and information on Islamic State. Also during this time, the defendant messaged AlHaqqmedia, a media arm of the Islamic State, in a separate chat. 103. On 27 January 2016, 2 February 2016 and 12 February 2016, the defendant engaged in a series of text message conversations on the encrypted messaging application 'Telegram', using his Sony Xperia Z2 mobile phone. The text message conversations were with an unidentified Islamic State supporter being 'username @SDj192nsw'. During the conversation the defendant stated: a. Regarding Twitter, the defendant stated he was being stalked by 'kuffs' going wild; b. That things are 'really heating up now' and 'Ya Allah give victory to the khalifate . AMEEN'; and c. "I started this android development for beginners. Im up to java classes and inheritance section … Im starting to feel like and idiot. Iv worked with arduinos , designed circuit boards , worked on rocket designs and I still haven't been ablt to grasp this shi… Maybe I should be looking for a course for 5 yr olds … Dunno". 104. On 20 February 2016, the defendant engaged in a text message conversation on an encrypted messaging application named 'ChatSecure' using his Sony Xperia Z2 mobile phone. The chat conversation was between the defendant using the alias 'xzxxstranger' and the user 'sisiqardon@wtfismyip.com'. During the conversation the following was discussed: a. The defendant asked how 'sisiqardon' is, 'sisiqardon' stated they are just watching everything from the background, they have seen a lot of change on twitter and that 'the news on abu khalid really effected me to be honest'; b. The defendant agreed and stated that he kept thinking of 'him' and 'abu hussain'. 'sisiqardon' stated: "I have since lost contact with everyone". The defendant concured and stated he was now just in contact with the ukranian 'brother'; c. Both the defendant and 'sisiqardon' talk about keeping up with the news and issues as well as computer and mobile phone applications leaking information. The defendant recommended 'Moboclean' as one particular security application; d. Both the defendant and 'sisiqardon' talked about Islamic State in general and the territory held by Islamic State. The defendant state the following: i. "The Strategy of IS is by thinkers , its amazing in my opinion , its truly a state in every way"; and ii. "Everyday musa cerantonios thesis is looking more and more probable." e. When 'sisiqardon' asked why the 'kuffar' lie in their news the defendant stated: "oh for morale, Its a proven pyciocology, strength and high morale through success, And low morale , cowardice through defeat"; f. Both the defendant and 'sisiqardon' discussed the arrest of the 'sister' for posing pro-IS material on Twitter and how she got caught. The defendant believed that she had been dobbed in; g. The defendant informed 'sisiqardon' about the IS news channels he subscribes to; and h. The defendant asked 'sisiqardon' if they'd heard from 'krypton'. 105. On 21 February 2016, following on from the previous conversations with 'username @SDj192nsw', the defendant had a further text message conversation on the messaging application 'Telegram' using his Sony Xperia Z2 mobile phone. During the conversation the following was discussed: a. @SDj192nsw replied 'Ya Allah…kuffar imprisoning women. Weaklings'; b. The defendant stated that news of 'Muslimah' was very upsetting and seemed that someone dobbed her in. The defendant stated she was very dedicated to her work; c. @SDj192nsw replied "We should be careful when giving 'dawah'. If we speak real Islam then it is seen as Terrorism"; and d. The defendant agreed and stated: "I concentrate on tawheed in dawah , the oneness of Allah SWT and no partners and none should be worshipped besides him. And do not die except your a muslim". 106. During this period the defendant went to considerable effort by using multiple VMs simultaneously and encrypted devices to save, access and communicate information securely such as: a. An Apple iMac operating system stored on his Apple iMac computer; b. A Windows 8 operating system stored on his Apple iMac computer; c. Several encrypted Linux operating systems stored on an external hard drive and USB sticks; d. Several TAILs operating systems stored on USB sticks; e. An encrypted Sony Xperia mobile phone; f. Mobile phone emulators stored within the encrypted Linux Operating systems; and g. Using various encrypted messaging applications. FIRST SEARCH WARRANT ON THE DEFENDANT'S PREMISES (CHARGE 2) 107. In relation to the initial police investigation into the defendant's family offshore, on 16 April 2016, the AFP executed a section 3E Crimes Act 1914 (Cth) search warrant on 26 Cherry Vale Place, Young, NSW, the residential address of the defendant. During the search warrant, the defendant was provided with a section 3LA Crimes Act 1914 (Cth) order to provide assistance with certain electronic devices. The specific assistance asked was the swipe code to access a white Sony Xperia mobile phone and the password to an encrypted 32 USB stick. 108. The white Sony Xperia that was located in the main bedroom was initially examined by AFP Digital Forensics unlocked. Whilst in the process of turning the phone into 'flight mode' the phone 'crashed'. Upon re-start the phone prompted a swipe code. The defendant was asked to provide this swipe code but claimed not to remember it. The defendant was also asked to provide the password to the encrypted 32 USB stick but claimed he had forgotten it. The USB stick was located in a box near his Apple iMac computer. 109. During the search warrant, the AFP conducted a digital record of interview under Part 1C of the Crimes Act 1914 (Cth) with the defendant where he provided a number of explanations: a. In relation to laser diodes and circuitry located on top of the cabinet in the study, the defendant stated: "we were, me and my son were thinking about doing a laser tag game"… "Cause he goes to laser tag here, cause we've got a bit of acreage. Something to do, him and his friends. So, but we never ever got that far". b. The defendant was building a 'remote thing' for the laser tag that went 'beep beep beep' like a ringing or something 'when you got shot'. c. In relation to the encrypted 32GB USB storage device, when asked about the password to the device, the defendant stated: "Yeah I wouldn't even know. I'd forgotten about it." When asked if the defendant had a generic password: "Maybe it doesn't have a password. Have you tried it?". The defendant was informed the USB stick was encrypted and had a password. The defendant replied: "I can't remember. But I'd try 'Ieesha'". The password was tried however it did not work. d. The defendant was then asked about the applications on the USB stick and replied saying he'd forgotten and it was 'months ago'. When asked about pro Islamic State 'twitter comments' saved in the defendants account from 2014 the defendant replied that it was a long time ago when he was more emotional and not using his intellect. e. The defendant followed Islamic State like he does a football team. 110. During the search warrant, the AFP seized a number of items including: a. 2 x laser modules in cardboard box located in the study (later identified as being connected with the 'Laser Warning Receiver'); b. 1 x black 100MW laser diode without circuit board located in the study on the third shelf (later identified as being connected with the 'Laser Warning Receiver); c. 1 x white Sony Xperia mobile phone later located on the top of the bedside closet closest to the door in the main bedroom; d. 1 x black 32GB encrypted USB stick located in a small box on top of the desk in the study next to the monitor of the Apple iMac computer; e. 1 x Apple iMac computer located on the top of the desk in the study; f. 1 x WD Passport silver/black hard drive located connected to the Apple iMac computer; g. A .177 caliber air rifle located lying against the window sill of the main bedroom. This item was seized by attending New South Wales Police; and h. Two red and blue metal tins containing .177 caliber air rifle pellets on the top second shelf of a cupboard against the wall leading into the rumpus room. These item were also seized by attending New South Wales Police. 111. In addition, the AFP observed several other items but due to their unknown relevance at the time were not seized. These items included: a. A three-dimensional (3D) printer located in the office near the Apple iMac computer. b. A small parrot unmanned aerial vehicle (UAV). c. A small hobby rocket located on the ground in the office. d. A bag located in the office containing a white powdery substance, labelled Potassium Nitrate 2.5kg Chemical Formula: KNO3. e. Other electronic circuit boards. 112. The defendant was not arrested at this time. POST SEARCH WARRANT CONDUCT OF THE DEFENDANT 113. In the following month after the search warrant (May 2016) the defendant was in contact with the AFP via email. In these emails he wrote a number of things including: a. He was personally against all forms of violence and had never been in a fight of any kind and had no plan in the future. b. His thinking of what is happening in the world is basically history repeating itself as it has done for centuries and that his opinions on the events are just opinions. c. He is against Australia's involvement in a situation that he feels is not 'our' business – his opinion which he believes he is entitled to. d. If he ever had knowledge of a crime in Australia that was going to be committed he would share that with the relevant authorities. 114. Between August 2016 and December 2016, the defendant saved a number of images on his Microsoft Surface Pro 4 computer being mainly cartoon propaganda relating to Islamic State. The images were created by the defendant using the signature of '@fr33m9d'. The defendant also wrote and saved a document titled: 'Attention-AFP-Read-This.txt' created on 19 August 2016. In the text document a letter written by the defendant and addressed "To who it may concern" was found. The letter stated a number of things including "If your reading this , it probably means you have raided my home or seized my item". Furthermore the defendant claimed he was 'anti-war' and provided a justification for 'sketches or photos' on his computer. 115. Also during this period, the defendant obtained a Telstra ZTE mobile phone where he continued to access media and information relating to Islamic State. Samata ULLAH and the Defendant 116. Also following the search warrant, between June and September 2016 the defendant with username '333M9nd@null.pm' chatted privately with UK national Samata ULLAH online using the encrypted messaging application 'Pidgin'. Over a series of chats in this period the defendant and ULLAH discussed a number of things including: Regarding the search warrant (Charge 2) a. The defendant described in detail to ULLAH what occurred at the search warrant stating, 'they' got the encrypted USB and encrypted android and 'they' were pressuring him to decrypt. The defendant stated he'd had a few calls to see if he'd remembered the 'pass's' and 'they' also took his 'pc' because it had remnants of an old twitter account. b. The defendant said that "when I couldn't give them the pass's the whole house when quite. And faces stared" and "but the key thing is dont remember pass"; c. The defendant said: "tbh (to be honest) I don't write or event keep my passwords. Its all off memory". d. The defendant said 'they' copied all devices but couldn't make a copy of the encrypted android. The defendant stated the android would have a lot of shared news and the USB remnants of old twitter accounts that were all suspended and 'dawla' videos. e. The defendant said: 'May Allah blind them' and 'they' had missed a USB stick with an emulator that he'd hidden in battery compartment of a headlamp torch in a cupboard. The defendant also stated 'they' actually handled it and 'their' interest was in finding 'material support'. f. ULLAH told the defendant to play dumb and make them think he's not that 'tech savvy'. ULLAH commented that it seemed like 'they' were blind on some things. g. The defendant stated: "but they found a fire arm and ammo. and i had court a few days ago". h. The defendant stated the court was a matter for local police but "they are now trying to break into the devices to search of breaches of law. if found then ... yea u know". i. The defendant wondered if 'they' could break the encryption on the device 'they' took from him and hoped they couldn't. j. ULLAH informed the defendant that his identities had been 'wiped'. The defendant replied: "Ya Allah , hope they cant break into them ... but anyways i doubt theres anything too serious". k. The defendant told ULLAH that the USB had an application on it and made it harder to track. The defendant stated that 99% of people didn't know how to change details on their computer and explained to ULLAH how and why he did it. ULLAH replied: "i may need to explain this in a threat scenario and show people how to change it. this is why we need your knowledge"…"just bits of advice needed from you". The defendant then continued to explain "if i want to do something that i dont want associated or traced back to it, ill close all…" The defendant reminded ULLAH about the story of the 'informant' that visited him and asked a lot of questions. The defendant remarked: "well thats when i wiped and buried things. they actually went through the acerage and combed it. but alhamdulilah nothing found". l. ULLAH stated: "yeah most if your incriminating things are electronic". The defendant replied: "anyways – lessons. u have no time when being raided to do anything". m. ULLAH told the defendant not to contact his cousin on an specific encrypted platforms. The defendant agreed and stated he hadn't spoken with his cousin for over a year. The defendant also stated he'd removed a specific secure encrypted platform some time ago and that the 'IMEI' 'they' had on the warrant was 'buried'. n. ULLAH later asked the defendant how his issues with the police were. The defendant stated "they've changed their tone for the worst with me"… "I asked them for some reports to get off my pc that i need for tax return puposes. they said the AFP is aware of your request. thats it. I felt the need to tell them to get effed. but i didn't". ULLAH stated: "what about irahbi [49] related things?". The defendant indicated: "but prior to that they were a little helpful - so maybe they found something on my stuff or broke into the USB or phone , dunno. They still have my stuff and no news on if theyll return them. so yea. also - i now realised they were the ones that froze my paypal and effected my business. driving me into the ground.". o. The defendant stated he had needed to take a small step back until some heat died off as he was sure he was under the radar. Regarding ideology and online security p. Discussed the conflicts the Islamic State are engaged in, including with the United States and Russia. q. Discussed various tapes or publications regarding the Islamic State, with the defendant stating 'well for me the only shayks I listen to are Anwar awlaki [50] , Abu barraa (UK prison now) and tawheed Ahmad musa jibreel and theres another uk shayl I forget his name. Zarqawi – the more u study his life – from a life of thugery to a full mujahed and reviver of islam. His phenominal'. r. The defendant and ULLAH discussed covert communication techniques and methods at length including what programs or phone application that are best to avoid detection including chatsecure and Tails. s. Discussed with ULLAH about assisting 'Dawla' with IT related issues. ULLAH stated 'I think an IT centre of excellence needs to be set up in Dawlh.' The defenant told ULLAH not to waste his time, stating "ahki , they have rings of units like maybe 8-10. they have inner circles of IT professionals… like FBI CIA NSA etc ... and they dont talk to each other much. for security. for example ..... u may have an idea ... they will take all the info and say we will look into it - in reality they have this already setup and better than u suggested and its been going for 12 months. but they wont tell u. Abu Hussein told me a lot. due to the nature of security they are forced to do it this way". t. In response to developing a security package with ULLAH for the brothers the defendant said: "honestly if after 2 months im not arrested - ill do it all again". Regarding the defendant's LWR (Charge 1) u. The defendant explained to ULLAH that he had sought advice from a lawyer who advised him that 'they' (alleged to mean Police) could return anytime in the next 3 months without a new court order so he 'burnt' a few things including the device (detector). The defendant further explained that 'they' seized 2 laser modules. ULLAH asked if 'they' took the 'LWR'. The defendant stated they didn't and that he burnt it, but he had the designs on his external hard drive, which 'they' took so he told them he was looking into a laser tag game. The defendant then confirmed that ULLAH had 'the designs' which the defendant had sent him. ULLAH stated he could find them on his computer but they were archived somewhere and the defendant told him not to worry and recommended that he should 'really conceal things' like in hidden 'passages'. v. The defendant and ULLAH discussed the situation in Syria stating 'problem is airstrikes, US airstrikes are relentless, need a sandstorm for 2 weeks, ground all aircraft, however alhamduilah reports of attaks coming out from within manbij and villages retaken north west'. ULLAH responded 'I once suggested that dawlh should have spies observing all airbases in and out of Iraq and sham and send advance notice to dawlh when they see planes taking off. That way they can prepare their soldiers to maneuver before the strikes happen, it's like a form of radar - and have spotters located in different parts of syria and iraq. if they spot planes taking a trajectory to certain battlefields, then send notice to the soldiers that a plane is approaching. what kind of spies and where?'. w. Told ULLAH that he was chatting to 'AHM' and 'ghazi'. Regarding Research and Development into Rockets and Guidance systems (Charge 1) x. ULLAH discussed his idea of a flying electro-magnetic pulse device combined with an explosive that would detonate near a drone to short circuit it. The defendant and ULLAH then discussed the device, but the defendant advised there were problems with the design, such as getting sensors that worked within the speeds needed, because off the shelf stuff would not cut it. y. The defendant stated "for example - see this. I launched a few rockets. with parachute recovery. motors design to burn through 4 secs and explode some black powder. the altitudes of the blasts were same everytime and worked falwlessy. Flawlessly. this is a cheap and good way." ULLAH responded stating that the 70s era designs he was looking at in the 'missile book I purchased can be replicated with 2000s era tech'. z. ULLAH asked the defendant if he was talking about 'dawljh' (Islamic State) experiments or 'just' hobby rocketry. The defendant stated 'erm … I don't know if they (Islamic State) actually tried it. But in hobby rocketry making his own motors and making own recovery blasts'. The defendant stated that hobby rocketry was awesome and 'they' took photos of two rockets stating 'I also did a video on how accurate open rocket was compared to real life. Results – extremely accurate. But the key – is design to real life accuracy of motors and weight of rocket.' The defendant continued stating that his accuracy related to 'distance and burn times and altitudes. I actually had quite a knack to it '. ULLAH pondered if it would be possible to make a modified 'grad [51] ' or rocket for cluster munitions. aa. The defendant indicated 'they' found a 3kg bag of 'KNO3' (Potassium Nitrate) which he told 'them' was for removing tree stumps by drilling a hole into it, adding water and letting it rot out. ULLAH stated it was ok because the defendant was a farmer and had an alibi and joked: "yeah. some people built plastic explo..s.iv.e for removing tree stumps". bb. ULLAH asked the defendant of what he thought about a large rocket that could deliver cluster munitions for area denial and to make the ground safe for laying mines. cc. The defendant stated: "…i designed one that does 45km. but is about 6 mtrs long weighs of memory about half a tonne. payload is about 100kg. called it the maghrebi. LOL. fins front and rear. in the U.S hobby rocketry is popular i think. here is frowned upon." ULLAH replied: "thats good. that can deliver cluster munitions then. thats the kind of skills that Muslims need." ZAHAB went further stating "I took inspiration from the Iranian design. And modelled it to materials dawlah (Islamic State) had available and radius's doable for them. But had a hard time with competancy of measurements and weights on the other side and lack of competancy of quality data verification … actually I sent them a full chemical munitions cook book which explains all that." ULLAH asked if it was possible to add kerosene and sugar to rockets to make them 'napalm capable' and imagined 'napalming areas' with an air delivered mechanism like the rockets he could build. dd. The defendant stated: "bro – got to the point I was studying multiple stage rockets and flight times and … but get this. Cruise missiles are not totally solid fuel. They use the solid fuel for launch. Launch. Then a fuel cruise motor kicks in. But US and Russian designs are mixed solid and liquid hybrids … actually - an accurate guidance system and cruise is the deadliest weapon on earth imo besides a nuke. We were studying guidance for grads believe it or not. got to the point where looking into java code to model the thing in OpenRocket so as to study the effects on fin changes and gravity and target gps acquisition". ee. The defendant and ULLAH discussed the situation in Iraq/Syria. ULLAH commented on Fullujah and how the 'rafidi' cockroaches kept sending human wave after human wave and "if only we have chemical weapons and were able to gas them". The defendant replied: "yeplike lambs to the slaughter. they have no brains. but it cant keep up forever. this is a long war ahki". POST SEARCH WARRANT AFP INVESTIGATION AND UK INVESTIGATION INTO SAMATA ULLAH 117. Between May 2016 and December 2016, the AFP conducted a review of the seized electronic devices from the defendant's premises on 16 April 2016. Due to the complexity of digital evidence and level of security employed by the defendant such as passwords and encryption, the AFP took an extended period of time before locating and identifying the following material (referred to in detail above): From the seized Apple iMac: a. Multiple bookmarked webpages and browsing history in internet browsers for information relating to radar detectors, infrared laser detector jammers, electronic circuits, CAD design software, 3D printers, Arduino and other material relating to the research and development of a 'laser warning receiver'. b. Multiple bookmarked webpages and browsing history in internet browsers for information relating to java programming, python programming, Android, and other material relating to the research and development for rockets and a guidance system. c. Multiple bookmarked webpages and browsing history relating to propaganda material for Islamic State. d. Propaganda material relating to Islamic State. e. Multiple operating systems and numerous programs including Arduino, OpenRocket, CAD design programs, 3D printing programs, Screenflow, Tails and the same programs referred to in the 288 page report and viewable in the 57 minute video relating to the laser warning receiver and the guided missiles. f. Patents and schematics as previously described relating to the 'Laser Warning Receiver' including schematics with the Islamic State flag and the word 'Baaqiyah' printed on them. g. Various documents relating to radar detection, electronic circuitry, electronic schematics, laser drivers, rocketry relating to the 'Laser Warning Reciever'. h. Videos of the defendant launching hobby rockets. For the WD External Hard Drive: a. The 57 minute video and cropped and corrupted version of the 'instructional video'. b. Several Arduino schematic images shown in the video saved as picture files in the same folder. c. An encrypted and password protected Linux Operating System which contents were not accessible during this period. For the encrypted USB stick: a. The password for the encryption was: 'Cydonia11253212!' and the '!' symbol was an additional symbol to a password located on the defendant's Apple iMac computer. b. A complete Linux computer operating system with the username 'Stranger'. c. A complete Android mobile phone emulator or operating system with various international Pick Your Own Number (PYONs) for various telephone and messaging applications. d. Multiple programs including Arduino, OpenRocket, CAD design programs, 3D printing programs and a secure messaging application named 'Pidgin'. Inside the contacts list for 'Pidgin' were numerous entries which included the username 'sisiqardon@wtfismyip.com'. e. Multiple bookmarked webpages and browsing history in internet browsers for information relating to rockets, OpenRocket, flight computers for rockets, object tracking code algorithms, rocket engine and motor simulators and calculators and other material relating to the research and development for a rocket and guidance system. f. Various documents relating to the defendant's research for a guidance system. g. Multiple bookmarked webpages and browsing history in internet browsers for information relating to private search engines, managing information securely, Syria civil war maps, how to steal Twitter accounts from the 'Kuffar', pictures of rockets in Islamic State, and a website with information about securing online communication and possible counter measures to avoid detection by law enforcement and intelligence agencies. h. Evidence of the defendant using multiple Twitter accounts with different names all varied but based off the alias 'Stranger'. i. Propaganda material relating to Islamic State. Investigation and Arrest of Samata ULLAH 118. In August 2016, Samata ULLAH came to the attention of the SO15 Counter Terrorism Command of the Metropolitan Police Service, New Scotland Yard (SO15) in the UK. The investigation focused on ULLAH posting speech on Twitter expressing support for Islamic State and showing an interest in training and assisting Islamic State to communicate covertly over the internet and develop ways to disable drone technology. 119. On 22 September 2016, ULLAH was arrested by SO15 in Paget Road, Cardiff, UK for terrorism related offences. SO15 conducted a search warrant on ULLAH's residential premises where they seized a number of electronic devices. Located within encrypted partitions of four electronic devices were the chat conversations mentioned above between ULLAH and the defendant. Additionally, SO15 located: a. An additional chat between ULLAH and the user 'sisiqardon@wtfismyip.com' discussing 'brother stranger' (alleged to be the defendant) and other matters regarding Islamic State. b. A large number of documents relating to missiles, rocketry and the technology and methodology behind them including a PDF version of a book about advanced missile guidance and control for a purpose connected with terrorism. ULLAH had also created 'justpaste.it' webpages that provided links to 'Tails guides'. 'EMP devices', 'Radar and Passive Radar technology', 'Rockets/ Missiles and Propulsion' and 'Links about missile design'. 120. In December 2016, SO15 passed the digital evidence seized from ULLAH to the AFP. The AFP subsequently reviewed this digital evidence. In the digital evidence, the AFP also identified a file named 'Laser Warning Receiver Report.pdf' as being a 288 page document (mentioned previously) detailing analysis, observations, research and other information on a 'Laser Warning Receiver' made by the defendant. 121. ULLAH later plead guilty and on 2 May 2017 was sentenced in the Old Bailey, London UK on the following offences: a. MEMBERSHIP OF A PROSCRIBED ORGANISATION, contrary to section 11(1) of the Terrorism Act 2000. The offence primarily related to ULLAH promoting the ideology of Islamic State and disseminating information on both internet security and military technology to its members. b. TERRORIST TRAINING, contrary to section 6(1) of the Terrorism Act 2006. This offence related to ULLAH's development, production and dissemination of training videos with accompanying written instructions on internet security. This material was made available on a blogsite run by ULLAH called 'Ansarukhilafa Wordpress' with the heading "Everything about the Islamic State; News updates, All media releases, fatawa and articles about the Khilafah". c. PREPARATION OF TERRORIST ACTS, contrary to section 5(1) of the Terrorism Act 2006. This offence related to ULLAH's creation of and editing o the 'ZeroNet' version of the 'Ansarukhilafah' website. The site made clear ZeroNet was a secure and decentralized network. This meant the website could not be detected and capable of protection from interference by authorities. ULLAH's intentions were to allow terrorist material to be posted on the site, not taken down, thereby assisting others to commit acts of terrorism. and d. Two counts of POSSESSION OF AN ARTICLE FOR TERRORIST PURPOSES, contrary to section 57 of the Terrorism Act 2006. These offences related to the possession of a USB cufflink containing material relating to ULLAH's ZeroNet proposals for Islamic State and possession of a book entitled "Guided Missiles Fundamentals AFM:52-31" which had been purchased on 15 August 2015. Additionally, ULLAH had saved a PDF file on his computer entitled "Advances in Missile Guidance, Control, and Estimation –CRC Press (2012).pdf". SECOND SEARCH WARRANT ON THE DEFENDANT'S PREMISES AND ARREST: 122. On 28 February 2017, the AFP executed a section 3E Crimes Act 1914 (Cth) search warrant on 26 Cherry Vale Place, Young, NSW, the residential address of the defendant. 123. At 3:46am that date, the defendant was arrested. The defendant was then provided with a copy of the search warrant, rights of the occupier and his caution and rights in accordance with Part IC of the Crimes Act 1914 (Cth). 124. About 6:50am that date, the defendant was provided a section 3LA Crimes Act 1914 (Cth) order to provide information/assistance. In particular, the defendant was requested to provide the passcode for a Telstra ZTE mobile phone. The defendant provided a passcode however it was incorrect. 125. At 8:30am the defendant was conveyed to Young Police Station where he was offered an opportunity to participate in a record of interview however declined. The defendant was then charged as he now stands. 126. On 2 March 2017, the AFP completed the search warrant at 26 Cherry Vale Place, Young, NSW seizing approximately 70 items including: a. One burnt Apple iPhone and USB stick located with burnt wiring and electrical componentry in a fire pit contained within a 44 gallon drum located outside near the shed. It is alleged this is where the defendant burnt his LWR sensor unit and the USB stick containing a mobile phone emulator. b. Two USB sticks wrapped in tissue paper and hidden in the battery compartment of a head-worn light located in his study area. Of the two USBs, one was an encrypted Linux Mint USB stick with a username login similar to that used to correspond with ULLAH. The USB stick contained a mobile phone emulator but was wiped of any data. The other USB stick was an encrypted Tails USB. c. A USB stick with 'the3Dprinter' business logo printed on it located in the study. On the device, the AFP recovered numerous deleted files including digital photographic images of the LWR being constructed which included etched Printed Circuit Boards (PCBs) with the Islamic State flag printed on them. Additionally, the password protected .zip file, being the 288 page report made by the defendant and titled 'LWRreport2.pdf' was recovered as well as the unprotected version. d. An Apple Microsoft Surface Pro laptop containing various Islamic State propaganda material and a document addressed to the AFP. e. A Telstra ZTE mobile phone located on the coffee table in front of the defendant just prior to his arrest. The defendant was unable to provide the correct passcode for this device. f. An uninstalled power point stash or storage cavity located in a drawer in the study. g. Sim Cards, other USB sticks, mobile phones, GPS units and CDs with material relating to Sheikh Anwar al-Awlaki. h. A 3D printer containing cached printing records and showing the CAD designs and printing records of the 'Laser Warning Receiver' and hobby rocket motor casing parts. i. 3D printing filament and two 3D printed objects with electronic componentry, being the LWR control unit and LWR Arduino unit. The defendant's DNA was found on both the interior and exterior of both objects. j. A 2.5kg bag of potassium nitrate (KNO3), the same bag as previously witnessed by the AFP on 16 April 2016. k. Two containers of Ammonium Persulphate used for making electronic circuitry. l. A number of electronic circuitry parts and circuit boards including soldering irons and other electronic items. m. Several drones, hobby rockets, hobby rocket engines and other hobby rocket material. 127. Between 3 March 2017 and 10 May 2017, the defendant handwrote a number of letters whilst in custody in which the following was written: a. In a letter dated 20 March 2017, ZAHAB wrote 'this whole case is twisted' and 'Kufara of sins'. b. In a letter dated 21 March 2017, ZAHAB wrote to his son in which he said "Don't' let these Kufar Klab put us down". Kufar Klab is Arabic and translates to a derogative term meaning "Disbeliever Dogs". c. In a letter dated 22 March 2017, ZAHAB wrote 'Australia is a satellite of the US and has no say' d. In a letter dated 23 March 2017, ZAHAB wrote 'Islam is public enemy number 1' e. In a letter dated 27 March 2017, ZAHAB wrote 'The paper is full of hate talk about Muslims' f. In a letter dated 3 April 2017, ZAHAB wrote 'Who ever can't see the war on Islam is blind or dead' and 'this nation has gone full red neck and anti Islam'. g. In a letter dated 6 April 2017, ZAHAB wrote down his passwords for his personal computer to give to his wife. h. In another undated letter, ZAHAB wrote down further passwords for various accounts to give to his wife. i. In a letter dated 9 April 2017, ZAHAB wrote 'My eyes have definitely been opened on the secret underworld of Australia's oppression and war on Islam and war on teenagers and war on kids'. j. In a letter dated 10 April 2017, ZAHAB wrote 'since my arrest you have seen a lot of things from this system of war against Muslims'. k. In a letter dated 11 April 2017, ZAHAB wrote 'The world has gone godless, especially this gov and its policies against Muslims'. l. In a letter dated 15 April 2017, ZAHAB wrote 'your eyes are now opened to the hidden war on Muslims'. 128. On 10 May 2017, the defendant was served a section 3LA Crimes Act 1914 (Cth) order at Goulburn High Risk Management Correctional Centre, Goulburn. During the order the defendant stated he could not remember the passwords or information to assist accessing the seized password locked devices for: a. Two USB sticks located in head-worn light located in the study, one of which was a Linux Operating system with the username 'fr33M9nd'. b. An encrypted container located on the '3dprinter' labelled USB stick. c. The deleted file named 'LWRreport2.pdf' recovered from the '3dprinter' labelled USB stick. 129. Approximately one year later in April and May 2018, the AFP were able to identify the passwords/swipe codes and decrypt these documents/devices, including the Sony Xperia mobile phone seized on 16 April 2016 and a Telstra ZTE mobile phone seized on 28 February 2017. The swipe code for the Telstra ZTE mobile phone was discovered to form the letters 'IS'. During this period, the AFP also identified the password and gained access to an encrypted Linux Operating System stored on the defendant's external hard drive and seized from his premises on 16 April 2016. Within these unlocked devices, a vast amount of additional evidence relating to Charges 1 and 2 were located. This included all of the reports and video relating to Charge 2 and authored by the defendant. The delay in the AFP locating and identifying this material was due to the complexity of digital evidence and level of security employed by the defendant such as passwords and encryption. ANTECEDENTS 130. At the time of his arrest on 28 February 2017, the defendant was 42 years old. The defendant is married to Mervat ZAHAB with whom he has six children of various ages. The defendant lives on a rural property in the town of Young, regional NSW. 131. The defendant is the eldest son of Lebanese migrants and was born in Bankstown, Sydney, Australia on 6 December 1974. As a result, the defendant is an Australian citizen by birth. At the time of his arrest, the defendant was self-employed as the owner of an online business named 'OzSurvivalGear'. The business sold a number of items including torches and Swiss army knives. The defendant was previously a co-director of a Solar Panel installation company and employed in various electrical contract roles. The defendant is a qualified electrician who previously studied electrical engineering subjects at NSW TAFE campuses. 132. The defendant is recorded as having a previous conviction on 7 June 2016 stemming from offences (possession of unlicensed firearm, ammunition and cannabis) at the search warrant conducted on 16 April 2016. 1. Mr Spleeters gave evidence that he is presently the head of regional operations of Conflict Armaments Research ('CAR'). He is a former investigative journalist specialising in weapons and ammunition. In that role, he has travelled to approximately 50 locations throughout the world for the purpose of researching the arms trade, and investigating the activities of arms dealers and traffickers. 2. Mr Spleeters explained [52] that CAR is a private research organisation which is principally funded by the European Union for the purpose of investigating the manufacture and use of weaponry in conflict areas around the world. He explained [53] that his role was to try and understand how weapons used in overseas conflicts came to be at the place of conflict in the first instance. 3. He gave evidence that in the locations he had visited there were facilities for: [54] 1. the storage of chemicals; 2. the manufacture of components for rockets and other types of weapons; 3. the mixing of chemicals for the manufacture of improvised explosive devices ('IEDs'); and 4. the manufacture of various forms of weaponry. [55] 1. Bearing in mind the facts in the present case, Mr Spleeters agreed that he: 1. had not seen anything to suggest Islamic State was using laser warning devices; [56] and 2. had not seen anything to indicate that members of Islamic State had been attempting to construct any laser warning devices; [57] and 3. had not been shown any video or other material in relation to anything done outside Syria or Iraq which suggested that Islamic State had received outside instructions in relation to such matters. [58] 1. The offender gave evidence [59] that in about 2012 he became aware of the nature of the conflict in Syria via mainstream news, social media outlets and information obtained from family members. He said that as a consequence of what he had learned, he formed a desire to assist civilians in that conflict to defend what he regarded as the oppressive regime of Bashar al-Assad, the Syrian President. [60] He said that he regarded Islamic State as 'the biggest group on the ground that had the best military success against the Assad regime'. [61] He said that he became 'obsessed' with Islamic State [62] which he regarded as a 'force of good'. [63] 2. The offender initially maintained that it was only after he had been arrested and taken into custody that he began realise that his generally favourable view of Islamic State might not be correct. [64] However, he later acknowledged [65] that even before his arrest he had seen material on social media platforms which suggested that Islamic State was involved in the commission of various atrocities. He said: [66] …. I didn't believe it. Because what I would do, I saw images and allegations of ISIS killing people and even raping women, and what I would do is I would take those images and I would put them through a Google image reverse search and then I would discover that they would come from a Bollywood movie. And then it would confuse me. So I saw that there was a lot of lies being said against ISIS. 1. In terms of the offending in count 1, the offender said that he decided to try and build a laser warning receiver as a challenge to himself, [67] but that he shared material with another Twitter user whom he thought was a member of (or was otherwise connected to) Islamic State. [68] He agreed that once he had compiled his report in relation to the receiver, he sent it to Islamic State with the intention of assisting that organisation. [69] He said that a laser warning receiver assisted people to avoid the effect of laser guided missiles. He also agreed that it also had the effect of keeping people alive so that they could kill other people. [70] On several occasions in the course of giving evidence, the offender emphasised that his offending involved utilising material which was, in large measure, freely and publicly available. [71] 2. The offender agreed that the purpose of developing the laser warning receiver was so that it could be used in the battle field, [72] but he reiterated that he did not send any information to anyone regarding the development of rocket simulations. [73] The offender was asked, in relation to his rocket research: [74] Q. But you developed that with a view to sending it to Islamic State, did you not? A. I had an intention. I put so much work into learning how to use OpenRocket and I acquired so much knowledge, reading so much and acquiring so much knowledge, I had an intention to do my own blog and if someone had asked me, I would have sent it to them. 1. The offender accepted that he had regularly used an alias when communicating with others during the period of his offending. [75] When asked why, he initially said that it was "just a habit". [76] However, he later conceded [77] that he had done so in order to ensure that others would not discover the communications and conversations in which he was engaged. 2. The offender said that he became interested in rockets because he was 'a fan of technology' and 'a fan of space'. [78] He said that he had researched and documented how to make rocket engines, [79] and had realised that he could 'fulfil his fantasy' by using his computer to design and launch rockets. [80] He explained: [81] So I would - at that time I was still following the news on ISIS and I was still following social media news at that time as well and at that time I was doing this hobby, this rocket simulations on my computer at the same time. I got to the point where I got so good at this program the amount of knowledge that I gained, I started documenting how I was doing my simulations. 1. The offender said that as far as he was aware, Islamic State did not derive any benefit from his research into rockets. [82] However, he accepted that his research could have been used to assist them. [83] When asked whether he thought it was possible that his research could have been used in a way which would hurt civilians, he said: [84] At that time I was fully immersed as a sympathiser and a follower of ISIS news and I thought that they were a force of good. Never did I ever, ever contemplate that this group would send rockets on civilians or kill civilians. I never even contemplated that. Now in hindsight of course I was wrong and of course rockets kill civilians and there is collateral damage and I regret the whole thing. 1. When specifically asked [85] whether he regarded Islamic State as a violent organisation, the offender said: No, at that time I fully thought that they were a force of good and, can I go on? Even with the laser warning receiver I thought I was making a contribution against the decades of oppression by the Assad regime and I fully thought that I was doing something incredibly good. 1. The offender was then asked: [86] Q. No but was it your intention in devoting these night after night sessions and he field studies and the creation of videos to communicate that to Islamic State? That was what you were doing, wasn't it, you were trying to research on their behalf? A. It was - no, it was my hobby as well so I did not have the intention to send it to them but if I had gotten that far and someone asked me and I was a supporter at that time I would have. HIS HONOUR Q. Sir, you're not suggesting you were just doing this as a hobby, are you? A. No, it was both. I was immersed in it. MAIDMENT Q. Well, you may have been immersed in it but you had no hobby in rockets before you engaged with that Islamic State on the laser warning receiver project? A. I'd researched a bit of rocketry in 2012 before I moved to Young to get into the hobby. If you go through my history and go back to 2012 you'll see me watching rocket videos and SpaceX videos and even hobby rocketry. Q. Well, let's accept that, that you had some interest in it before that, but the fact is that this devoted period of your life to this particular subject was with an intention of communicating your research to Islamic State, was it not? A. The original intention of getting into rocketry was as a project for me and my son but then when I got infatuated with OpenRocket I did consider this as a useful software that could be utilised by Islamic State. … Q. The question was you intended, did you not, to communicate the results of your research and development to Islamic State? A. No, but had the opportunity arose I probably would have. 1. In terms of the offending in count 2, the offender agreed that he refused to provide passwords to police to allow them to unlock devices on which there was encrypted material, and said that he had done so out of "anger". [87] He said that his 'journey full circle' to reaching the point of regret for supporting ISIS had taken approximately 12 months, [88] but he agreed that even at the conclusion of that period, he did not offer the police any assistance in providing the relevant passwords to allow them access to the devices. He explained that this was because he thought that the police would have obtained access by that time in any event. [89] He said that he knew what the passwords were and decided not to provide them, [90] but then asserted [91] that there were a 'couple he didn't remember'. 2. As previously noted [92] the offender maintained that he first started to realise that what he had done was wrong, and that his view of Islamic State might not be correct, when he was taken into custody and was exposed to 'general media and documentaries'. He explained: [93] So the nature - looking back now in the bubble that I was on Twitter, the nature of social media is in support of ISIS, so the bubble that I was in was a bubble of ISIS supporters and that kept me hoodwinked from normal news. I didn't have an antenna on the roof since 2012 and my whole source of news was social media. And I didn't watch normal TV until I went to prison. So once I went to prison my world had turned upside down and it took me a long period of time to change my view. I didn't change my view straightaway, I went through a period of denial. And then I would watch the news and I would find it hard to believe what I was seeing. 1. The offender agreed [94] that it was his choice to confine himself to social media as his only source of news. He was asked: [95] Q. But presumably you could have accessed mainstream sources of news through the internet? A. I did always look at news websites as well and I would see a lot of conflicting news, so I would check normal websites and I would check social media news, and because of the bubble that I was in and I was a supporter at that time I don't think that I believed the second view. 1. He was asked: [96] Q. Can you recall the processes that led you to make that denunciation of Islamic State? A. Yes. I got arrested - when I was arrested I was a sympathiser of ISIS and I was previously in a bubble, in my own bubble surrounded by ISIS supporters. Q. We understand that. When did you start to come out of that bubble or prick the bubble or whatever-- A. Once I was sent to prison I was watching normal TV, I was meeting with the imams and they were giving me the correct Islamic and religious view of ISIS that they're an extremist group, that they do not adhere to the correct way of Koran in the prophetic tradition. I would watch the news and I would see ISIS doing terrorist attacks on innocent civilians. I would watch documentaries and see the extremism and more detail of their ideology, which I had never delved into detail. My whole concern was just to fight against the Assad regime. Q. Was there some instance that took place that reinforced your change of view about ISIS? A. Of course. The attacks on innocent civilians, the terrorist attacks on innocent civilians and the nail in the coffin for me that - actually prior to that I had already begun to get a conviction that ISIS was an absolute extremist and evil ideology, but the nail in the coffin which told me that I'm absolutely right in rejecting them is the Sri Lanka Easter Sunday attacks against Christians in their places of worship. … Q. That's the final stage? A. That's the final - but I'd already formed my view before then, but once I had accepted that they were completely extremist and an evil ideology, every day since then has been - I feel like a load's gotten off my back. I feel really good. I feel like I've come out of a cult that I was in and that I was tied up in, and I feel like I've just come out and able to talk about what happened and where I was. 1. The offender acknowledged that he was aware that Islamic State had declared its intention to create an Islamic caliphate, but denied that this was a reason that he supported them [97] . He acknowledged that his support of Islamic State was 'incredibly wrong' [98] and said that he now accepted that the organisation itself was also 'wrong' [99] . 2. The offender said that he had had several consultations with an Imam since being taken into custody which he had found beneficial in terms of his rehabilitation. [100] He said: [101] Well first of all I want to put it on the record that I categorically reject the evil ideology of ISIS, that I accept - I've gone through a period of denial and I've gone through a period of acceptance where I accept that I was wrong and I accept that ISIS ideology is wrong and that they're extremists and that they're terrorist and then I developed anger at myself - what I've done to myself, my wife and children. 1. Ahmed Kilani, a Muslim Prison Chaplin, gave evidence that he had seen the offender on 3 or 4 occasions in custody for extended periods, and had had other (more limited) contact with him on a further 10 occasions. [102] Mr Kilani expressed the view that the offender was 'not ideologically driven like most of the other inmates in the facility'. [103] In terms of the offending, he said that the offender had told him that he was 'just trying to help innocent people and wouldn't want to harm anybody else'. [104] Mr Kilani described the offender's understanding of Islam as 'very basic'. [105] He said [106] that he (the offender) saw Islamic State as a movement that supported the Syrian people, and that he was not 'aware of some of their atrocities'. [107] Mr Kilani went onto explain [108] that within the last 12 months the offender had expressed to him that he 'felt like a fool' because he had come to the realisation that Islamic State was 'actually a movement that's completely un-Islamic and quite barbaric and evil in their actions'. 2. Mr Kilani said [109] that in his observations the offender had limited interaction with other inmates in custody, and that the offender had told him that this was because his views were different to those held by others. [110] He said it was 'extremely rare' for a person to publicly denounce Islamic State. [111] He also said that the offender had told him that he felt that he had let both himself and his family down by his offending. [112] 3. When cross-examined, Mr Kilani confirmed that although he had first spoken to the offender in about March or April of 2017 [113] , it was not until April of this year, some two years later, that the offender had made a 'full denunciation' of his previous views regarding Islamic State. [114] THE OBJECTIVE SERIOUSNESS OF THE OFFENDING Submissions of the Crown 1. The Crown submitted that the objective seriousness of the offending in count 1 was reflected in the fact that the offender had consistently applied himself, over a period of approximately 2 years, to researching both the laser warning receiver and rockets, and that he had done so intending to assist Islamic State in armed hostilities overseas. 2. In addressing the offending in count 1, the Crown pointed firstly to the offender's conduct in relation to the laser warning receiver which, it was submitted, included: 1. researching laser guided weapons, electronic defence systems, laser target designation and electronic circuit design; 2. developing schematics and printed circuit board designs, often incorporating the image of the Islamic State flag; 3. using computer aided drawing packages and simulation tools to design a unit to house the electronic components of the laser warning receiver; 4. compiling documents, including a 288 page report, which contained detailed analysis, observations and results of research and testing of the laser warning receiver which was then sent to Islamic State; 5. creating a tutorial about his research, development and design of the laser warning receiver; and 6. purchasing a large number of electronic components for use in the construction of the laser warning receiver prototype. 1. The Crown then pointed to that part of the offending in count 1 which related to rocket research, and submitted that it included: 1. conducting research in relation to experimental rockets, fuel burn rates and motor designs; 2. designing rocket bodies and nose cones using computer aided drawing programs; 3. researching the performance and manufacture of rocket propellant; and 4. conducting flights of rockets to test the accuracy of computer software. 1. The Crown submitted that in carrying out all of the tasks referable to the offending in count 1, the offender had developed and utilised a sophisticated computer system. The Crown also emphasised that the offender was in regular contact with persons overseas during the period of the offending, and had taken significant steps to conceal his activity by the use of an alias, as well as by the use of encrypted messaging applications installed on his devices. 2. It was submitted that in light of all of these matters, the offending in count 1 was very serious. 3. In terms of the offending in count 2, the Crown submitted that the only available conclusion to be drawn from the offender's refusal to supply the passwords to police was that he wished to conceal his offending, or at least wished to conceal its gravity and extent. It was submitted that the offender's failure to comply with the demand that he provide the passwords had hampered the police investigation into his activities, and that the sophisticated encryption which had been placed on his devices was reflected in the fact that it took the police more than a year to unlock the devices and access the material. 4. Having regard to these matters, the Crown submitted that the offending in count 2 was also serious, bearing in mind the purpose of the legislation, and the effect, on the police investigation, of the offender's refusal to comply with the demand which was made of him. Submissions of the offender 1. Senior counsel for the offender emphasised that there was no evidence that the offender had, at any time: 1. contemplated doing harm to anyone in Australia; 2. threatened anyone in Australia; 3. involved himself with any extremist organisation in Australia; 4. encouraged the commission of any violent act(s) in Australia; or 5. advocated the overthrow of any democratic institution(s) in Australia. 1. In advancing this submission, senior counsel for the offender referred generally to the Revised Explanatory Memorandum [115] to the Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014 (Cth) which introduced (inter alia) s 102.7 of the Code, and which made reference to domestic security threats posed by the return, to Australia, of persons who had travelled overseas and participated in foreign conflicts, or who had travelled overseas and undertaken training with extremist groups. Senior counsel for the offender submitted that the actions of the offender did not fall into either of these categories. He submitted that the offending in count 1 should be regarded as 'unusual', and that in circumstances where the offender had not, at any time, entered any foreign country to fight or train with any extremist group before returning to Australia, it was an exaggeration for the Crown to submit that the offending was very serious. It was further submitted that the offending had arisen from the offender's concern for persons being killed in Syria, as a consequence of which he felt compelled to use his knowledge and expertise to try and assist an organisation that he believed to be well intentioned. 2. Senior counsel further submitted that although the evidence supported a conclusion that the offender was a supporter of Islamic State during the period of the offending, the offender was not 'radicalised', had not wanted to commit any terrorist act, be it in Australia or overseas, and did not hold any fanatical religious views. 3. Senior counsel emphasised (as the offender himself had emphasised when giving evidence) that much of the material utilised in the offending in count 1 was readily and publicly available. Senior counsel further submitted that at least in relation to the research undertaken by the offender in relation to rockets, there was no evidence that any of the material assembled was sent to any person connected with Islamic State. 4. In terms of the offending in count 2, senior counsel submitted that although the offender had not complied with the demand made of him by police, there was no evidence that he genuinely did not recall the passwords, and that the objective seriousness of that offending was to be assessed in that light. Consideration 1. The offending in count 1 was not fleeting. It occurred over a significant period of time, and was concentrated and sophisticated. It involved the offender earnestly engaging in intricate and planned scientific research. He did so with unwavering focus, at all times intent upon assisting Islamic State in its involvement in armed and violent hostilities overseas. The level of the offender's commitment and dedication to his task is reflected in his admission that he was 'immersed' in what he was doing. 2. Moreover, the results of the research undertaken by the offender, and the assistance he provided to Islamic State as a result, was not nebulous. It was both substantial and tangible. It is significant that the offender saw a need to engage in subterfuge in an attempt to ensure that his offending was not discovered. 3. Consistent with the offender's commitment and dedication, it is an agreed fact [116] that he sent a lengthy report in relation to the laser warning device to persons associated with Islamic State. Moreover, in the context of his research about rockets, the offender made mention in a conversation with 'Ullah' that he had sent 'a full chemical munitions cook book' [117] which explained a number of issues, including data verification, and which he sent to Islamic State. The extent of the offender's research into rockets is reflected in the fact that in that same conversation [118] he made reference to having reached the point where he was 'studying multiple stage rockets and flight times'. The evidence of Mr Spleeters establishes that rocketry is used in armed conflict. 4. The offender was at pains to point out when giving evidence that the offending in count 1 involved the use of (at least in part) materials which were freely and publicly available. The emphasis placed by the offender on that circumstance suggested that he viewed it as mitigating, or perhaps even justifying, his conduct. The fact that some of the material he used may have been freely and publicly available is not to the point. The more important consideration is that the offender, having located such material, chose to use it in a way which amounted to the commission of a serious criminal offence. 5. The offender also asserted on more than one occasion in the course of his evidence, that at the time of the offending in count 1 he held a genuine belief that Islamic State was a force of good rather than a force of evil. I do not accept that for a number of reasons. 6. First and foremost, the offender has pleaded guilty to an offence of intentionally providing support or resources to Islamic State, knowing at the time that Islamic State was a terrorist organisation. There is an obvious, and fundamental, inconsistency between admitting knowledge of the fact that an organisation is a terrorist organisation on the one hand, and simultaneously asserting a genuine belief that such an organisation is a force of good on the other. 7. Secondly, I do not accept the offender's evidence that he was unaware of the true nature of Islamic State because he chose to divorce himself from mainstream news, and restrict himself to social media platforms such as Twitter as the source of information in relation to world affairs. Leaving aside the fact that the offender admitted to always looking at news websites, [119] his evidence essentially amounts to the proposition that he was living a hermit-like existence, cloistered in something akin to a hermetically-sealed bubble, completely removed from reality, and totally oblivious to the true nature of Islamic State as a terrorist organisation. Such a proposition, in my view, is fanciful in the extreme. The fact of the matter is that like the rest of the world's population, the offender had become aware of the atrocities committed by Islamic State. His level of dedication to that organisation saw him choose to ignore what had come to his attention. 8. Thirdly, and bearing in mind that the facts of the offending were agreed, things said and done by the offender himself, often by reference to the activities of Islamic State, are antithetical to the proposition that he held a genuine belief that Islamic State was a force of good. For example, the facts record [120] that the offender generated and posted numerous pro-Islamic State, and anti-Western, GIFS on his Twitter account, and that his profile picture was an image of a soldier leaning against a wall in a war zone, accompanied by the text 'victory or martyrdom', against a background picture of a convoy of vehicles flying the Islamic State flag. 9. Messages posted by the offender on his Twitter account also fly in the face of the proposition that he was unaware of the true nature of Islamic State as a terrorist organisation. For example: 1. on 14 July 2014, in reply to a tweet stating '#Israel we are come to payback for what you done to GAZA#GazaUnderAttack#CaliphateRestored, the offender responded: …and that is truth. [121] 1. on 1 September 2014 the offender posted the following on his Twitter account: 2. Whatever agenda US puppets had, has changed after the return of the Islamic Caliphate! This has taken them by storm. [122] 3. on 12 September 2014 the defendant posted a further message on his Twitter account: 4. #Islamicstate brings happiness and hope for Muslims and children. The Caliphate is a light in the darkness. [123] 5. on 28 October 2014, the defendant posted a message saying: 6. #IS Mujahid shows the Kuffar how it's done and sends him straight to hell. [124] 7. on 20 October 2014 the offender engaged in a private direct message conversation with another Twitter user stating: 8. The bodies of martyrs are a sign for those with intellect. Even since early days of Afgan (sic) War there was much talk about them. I remember vividly 1 brother 3 weeks later found still bleeding on a mountain and recently a brother dug out 2 weeks after he got martyred his body intact and was bleeding Subhan Allah. The difference between Mujheds body and a Kufar body is so vivid. Would be good to include some examples for people to ponder in one of your vids – as truly they are a sign – and the ugliness of the kafr's. [125] 9. on 6 September 2014 the offender sent several emails to himself, one with an attachment showing an F/A – 18 Fighter Aircraft being shot down by a missile, above which was the text: 10. LOL. [126] 11. on 12 September 2014 the offender sent an email to himself with the subject heading 'Evil Vs Good' attaching an image showing images of an Islamic State leader accompanied by a text about Christian oppression and Muslims and stating: 12. By the will of Allah SWT Justice is coming from Islamic State. [127] 1. There is evidence that the offender saved images of a silhouetted person in a hooded jumper as the profile picture of an encrypted messaging application which he used, accompanied by the words: I'm back kuffar! So die in your rage. [128] 1. There is also evidence that the offender used a GPS visualisation calculator to depict a 'launch location' and a 'ground hit location' of a rocket. The example he used was a map of the rocket launch, distance and ground hit in the Syrian town of Sarrin in the north eastern Province of Aleppo. At the time of that being written, that town was the subject of fighting between Islamic State, and the free Syrian army. [129] 2. This evidence is, in my view, inconsistent with the offender's asserted belief that Islamic State was a virtuous organisation. It is, however, reflective of a person who holds radical and extremist views. 3. One of the principal submissions advanced on behalf of the offender was to the effect that the seriousness of his offending was mitigated by the fact that the citizens of Australia were unaffected (at least directly) by anything that he had done, and that his offending was not of a kind contemplated in the Explanatory Memorandum. Even if that is the case, I am unable to accept that it mitigates the offending to any real degree. The provisions of s 102.7(1) of the Code do not distinguish between the commission of an offence which directly affects this country and its citizens, and the commission of an offence which does not. Moreover, s 15.4 of the Code applies to an offence against s 102.7(1). [130] Under s 15.4, an offence contrary to s 102.7(1) applies whether or not the conduct constituting the offence occurs in Australia, and whether or not a result of the conduct constituting the offence occurs in Australia. 4. It follows that in my view, the offending in count 1, involving as it did a high degree of planning, sophistication and analysis over a long period of time, was necessarily very serious. In those respects, it may be usefully contrasted with the circumstances of the offending considered in R v Atik [131] where the assistance provided was essentially limited to obtaining airline tickets to allow persons to fly interstate on two occasions. [132] 5. The offending in count 2 was also serious. The offender's evidence in relation to it was contradictory. To begin with, he admitted that he knew the passwords and refused to provide them. He then asserted that he had forgotten some of them. I am satisfied that the offender did know the passwords, and that he refused to provide them. According to the offender, his refusal was motivated by anger. Whilst the offender may have been angry, his conduct in refusing to comply with the demand was consistent with a desire to ensure, as far as possible, that the full extent of his offending was not discovered. That is supported by the fact that, after the police had searched his premises, the offender told Ullah: Well that's when I wiped and buried things. They actually went through the acerage (sic) and combed it. But Alhamdulilah nothing found. 1. That evidence demonstrates the significant degree of secrecy in which the offender engaged, and the lengths to which he was prepared to go in an effort to ensure, as far as possible, that his offending would not be discovered. He maintained in his evidence that his reference to things being 'buried' was 'just a figure of speech' [133] and that his reference to 'wiped' meant that he considered that material had been buried. I do not accept that to be the case. The offender is clearly an intelligent man. If that was he actually meant, that is what he would have said. 2. The investigation into the offender's activities was frustrated by his failure to comply with the demand which had been placed upon him. The purpose of s 3LA of the Act is to assist police in their investigations. The section addresses the fact that in this digital day and age, criminal offending often involves the compilation and storage of data. The section should be viewed as the Parliament's response to the fact that criminal offending has become more sophisticated, and that combating it requires the exercise of extended powers of investigation. The seriousness of the offending in count 2 is reflected not only in the offender's admission of knowledge of the passwords, but in the fact that his failure to comply with the demand frustrated the police investigation for a significant period of time. THE OFFENDER'S SUBJECTIVE CASE The offender's contrition [134] The offender's prospects of rehabilitation [135] 1. I have already referred [136] to the offender's expressed contrition, and his evidence of how he regarded Islamic State at the time of his offending. For the reasons I have already expressed I do not accept that the offender genuinely thought, at the time of the offending, that Islamic State was a force of good. That necessarily leads me to view, with considerable scepticism, the offender's evidence generally. 2. I have had regard to the evidence of Mr Kilani in this respect. Whilst I have no doubt that Mr Kilani was giving his evidence honestly, the fact remains that his opinions are necessarily based largely upon what the offender told him. If what the offender said to Mr Kilani (which his generally consistent with what he said in his evidence) is rejected, then necessarily the foundation of Mr Kilani's opinions falls away to a large degree. Significantly, Mr Kilani said [137] that it was only in April of this year that the offender had reached a point where he fully denounced his previous views of Islamic State. Whilst I accept that deradicalisation is a gradual process, it is not without significance that even on the offender's own evidence, the process was completed only a short time before he was due to face sentence for his offending. 3. In all of the circumstances, whilst the offender's pleas of guilty are some evidence of contrition, I am sceptical as to whether the offender's expressions of contrition in his evidence are genuine. Necessarily, that conclusion is inextricably linked to any assessment of the offender's prospects of rehabilitation. Those prospects are necessarily dependent upon a renunciation of the views which were held by the offender at the time of his offending. In the circumstances, I am guarded about those prospects. In any event, in passing sentence for offences of this nature, the object of the Court is to punish, deter and incapacitate to the point where rehabilitation is likely to play a minor, if any, part. [138] The offender's pleas of guilty [139] 1. The Crown accepted that the offender was entitled to a discount of 25% to reflect the utilitarian value of his pleas of guilty. [140] Personal deterrence [141] 1. Given the findings that I have made regarding the offender's evidence, personal deterrence remains an important consideration on sentence. General deterrence [142] 1. As previously noted [143] general deterrence is an important sentencing factor in matters of this nature. The present case is no exception to that principle. The offender's character, antecedents, age, physical and mental condition [144] 1. The offender gave evidence [145] that he was born in Bankstown and attended Bankstown Public School and Bankstown Boys High School. He completed his School Certificate at the end of Year 10, following which he undertook a 4 year apprenticeship before gaining employment as an electronic technician [146] . In his report, [147] Mr Machlin recorded that the offender told him that he had grown up in a generally well-functioning family unit, albeit one in which strict discipline was administered by his father. 2. The offender was married in 1988. He has six children ranging in ages from 4 to 23. He said [148] that he moved from Sydney to Young to look for a 'quieter life in the country'. At the time of moving he had been employed installing and servicing solar panels [149] but once he moved he was unable to continue that employment due to the limited demand for such services. 3. Mr Machlin recorded [150] that the offender reported no personal or family history of mental illness. The offender had said to Mr Machlin that he had a 'suspicion' that he may suffer from Asperger's Syndrome. He also described features of OCD [151] . As to the first of those matters, Mr Machlin said [152] that it would be necessary to refer the offender for a further assessment in order to reach a definitive opinion. As to the second, Mr Machlin appeared to accept that what was reported to him indicated the presence of traits which were identifiable as being symptomatic of OCD, although he said that the offender did not have debilitating symptoms which would support the existence of a diagnosable condition. 4. Mr Machlin ultimately diagnosed the offender as suffering from an adjustment order with depressed mood [153] . However, it is evident that he attributed this condition to the stress of incarceration [154] . He did not identify the offender as suffering from any diagnosable illness, mental or otherwise, at the time of his offending. There is therefore nothing in that regard which moderates the need for general deterrence. 5. The offender appeared before the Local Court in 2016 and was charged with relatively minor firearms and drug related offences. In each case, he was dealt with pursuant s 10A of the Crimes (Sentencing Procedure) Act 1999 (NSW). I have read the testimonials tendered on behalf of the offender. They variously describe him as being a person of excellent character, [155] who has never exhibited any violent or radical behaviour, [156] who is 'reliable and trustworthy [157] and who has never previously shown any violent or radical behaviour. [158] 6. In the circumstances, and having regard to the testimonial evidence, I am prepared to conclude that the offender is a person of otherwise generally good character. However, given the nature of the offending, that fact is of less weight than might otherwise be the case. [159] ORDERS: 1. In determining an appropriate sentence I have had regard to principles of totality. The Act requires that I have regard to the need to ensure that the offender is adequately punished for the offence. [160] All of the matters to which I have referred bear upon that issue. 2. The offender has been in custody since his arrest on 28 February 2017. Any sentences that I impose should be backdated accordingly. 3. I make the following orders: 1. In respect of the offence of failing to comply with an order under s 3LA(2) of the Crimes Act 1914 (Cth) the offender is convicted. 2. In respect of that offence, the offender is sentenced to imprisonment for a period of 3 months commencing on 28 February 2017 and expiring on 27 May 2017. 3. In respect of the offence of intentionally providing support or resources to a terrorist organisation, namely Islamic State, knowing that the organisation was a terrorist organisation, the offender is convicted. 4. In respect of that offence, the offender is sentenced to imprisonment for a period of 9 years commencing on 28 March 2017 and expiring on 27 March 2026. 5. I specify a non-parole period of 6 years and 9 months imprisonment commencing on 28 March 2017 and expiring on 27 December 2023. 6. The offender will be eligible for parole on 28 December 2023 and his sentence will expire on 27 March 2026. 7. Pursuant to s 16F of the Crimes Act 1914 (Cth) I explain to the offender that service of the sentences of imprisonment that I have imposed will entail a period of imprisonment and, if a parole order is made, a period of service in the community in order to complete service of the sentences. 8. Pursuant to s 16F of the Crimes Act 1914 (Cth) I further explain to the offender that if a parole order is made, it will be subject to conditions, it may be amended or revoked and that if he fails, without reasonable excuse, to fulfil those conditions, he may be returned to custody. 9. Pursuant to s 105A.23 of the Criminal Code 1995 (Cth) I warn the offender that an application may be made under Division 105A of the Code for a continuing detention order requiring him to be detained at the end of his sentence. ********** Endnotes 1. Exh A. 2. Exh B. 3. Exh C. 4. Exh D. 5. Exh E. 6. Exh 1. 7. Exh 2. 8. R v Khalid & ors [2017] NSWSC 1365 commencing at [23] and the authorities cited therein. 9. R v Barot [2007] EWCA Crim 1119; [2007] Crim LR 741 at [45]. 10. Section 16A(2)(a). 11. Islamic State designed and manufactured rockets located in an assembly location in Mosul, Iraq on 12 November 2016 12. Janhah – (Heaven) 13. Allah SWT – (God, exalted and almighty) 14. Erbil is a town in Iraq 15. Dawlah – a reference to Islamic 'State'. 16. Plural of 'Mujahed' – Islamic holy warrier. 17. Shahada – Martyrdom. Also refers to the proclamation of Islamic faith: "There is no Go but Allah, Mohamed is Allah's messenger". 18. The lion is mentioned in the Qur'an in reference to the unbelievers who have not accepted the revelation of Muhammad 'As if they were affrighted asses fleeing from a lion'. In the context of Islamic State it refers to their fighters. 19. Sham – Bilad ash-Sham – refers to a broad area encompassing modern day Syria. 20. Vbeid, alleged to be VBIED – Vehicle Borne Improvised Explosive Device 21. Allah SWT – (God, exalted and almighty). 22. YPG - Yekîneyên Parastina Gel (People's Protection Unites) the armed wing of the Kurdish leftist Democratic Union Party. 23. Ameen ya rabb – Amen, O Lord. 24. Allah SWT – (God, exalted and almighty) 25. Tawheed – the oneness of God, the raising of the right index finger is a common symbol amongst Salafists and jihadists and has become particularly associated with Islamic State given the degree to which it is shown by fighters on social media. 26. Mujahed – Islamic holy warrior 27. Kuffar – Disbelievers 28. Baiji – Town in Iraq located north of Baghdad 29. SubhanAllah – Exalted is Allah 30. DM – a known short acronym for 'Direct Message' on Twitter (private messaging). 31. SamF18 is an acronym for 'Surface to air missile' and F/A18 fighter aircraft. 32. LOL is a well-known and widely used acronym for 'Laugh Out Loud'. 33. Dua - Supplication 34. Dua - Supplication 35. Tor or TOR is an acronym for 'The Onion Router' – a secure way to browse the internet by modifying the Internet Protocol (IP) address of the user. 36. CyberGhost is a paid Virtual Private Network (VPN) service which users can utilize for browsing and connecting to the internet privately without showing their Internet Protocol (I.P) address. 37. Altium Designer is a printed circuit board design software and an electronic design automation software package for printed circuit boards. 38. NI Multisim, short for 'National Instruments Multisim' is an electronic schematic capture and simulation program that can be used to simulate electronic circuits and prototype printed circuit boards. 39. NI Ultiboard is an electronic printed circuit board layout program that works with Multisim to allow the user to capture, simulate and lay out a printed circuit board design to create a prototype as quickly and accurately as possible. 40. As previously mentioned, the Islamic State's motto is 'Baqiyyah wa Tatamaddad' meaning remaining/ enduring and expanding and is often referred to in its shorted form 'Baqiyyah'. 41. Bash history is a file containing previous commands entered by a user of the computer. The default amount of command history saved in this file for the operating systems used on the SanDisk Cruzer 32BG and Apple iMac desktop computer is 500 lines. 42. A nasheed (chant) is a work of vocal music that is either sung or accompanied by instruments. 43. OpenRocket is a model rocket simulator that allows a person to design and simulate rockets before they build and fly them. 44. GPS – Global Positioning System – a satellite-based radionavigation system. 45. KNSB – A short form of chemical symbols for Potassium Nitrate and Sorbitol. The ratio proposed by the accused is 65% Potassium Nitrate and 35% Sorbitol. 46. TOR – The Onion Router is a software application and network that protects your anonymity on the internet by routing your internet connection over several different places on the internet before reaching your chosen destination. This is done so that your connection to the destination cannot be traced back to you. 47. Python is a computer programming language 48. The town of Dabiq is of significant importance to Islamic State as being the place of a prophesised apocalyptic battle between Islam and Christianity. 49. Irhabi means 'terrorist' in Arabic 50. Anwa al-Awlaki advocated jihad and support for al-Qa'ida from his English language blog (www.anwar-alawlaki.com) and his teachings have been used as inspiration for terrorists attacks committed in the United States. He advocated for Muslims to participate in jihad against America and became a specially designated global terrorist in July 2010. He was killed in a drone strike on 30 September 2011. 51. S Grad is assumed to be a variant of the Russian-made 0P132 Grad-P 'Partizan' rocket launch system. Various pictures of a rocket of broad similarity to the Grad-P are located in the evidence. 52. T12.29-T12.30. 53. At T12.50. 54. Statement at para 9. 55. Para 9(a)-9(e). 56. T21.21-T21.23. 57. T21.25-T21.28. 58. T21.30-T21.33. 59. At T33.26-33.33. 60. T35.40. 61. T35.44-T35.45. 62. T36.8. 63. T36.7-T36.11. 64. T36.15-T36.30. 65. T37.6-T37.14. 66. T37.9-T37.14. 67. T39.5-T38.8. 68. T39.7-T39.37. 69. T59.8-T59.11. 70. T59.13-T59.19. 71. See for example at T39.14; T39.41; T41.2; T56.35; T72.21; T72.25. 72. T59.42-T59.43. 73. T59.45-T59.50. 74. T60.7. 75. T54.41-T54.42. 76. T54.44.T54.45. 77. T55.10-T55.12. 78. T40.11-T40.14. 79. T40.40-T40.41. 80. T41.10-T41.20. 81. T41.50-T42.4. 82. T42.41-T42.45. 83. T42.47-T47.49. 84. T43.19-T43.32. 85. At T43.28-T43.32. 86. Commencing at T61.38. 87. T49.34-T49.44. 88. T50.36. 89. T50.41-T50.42. 90. T49.46-T49.48. 91. T50.1-T50.2. 92. At [16]. 93. T37.41-T37.48. 94. Commencing at T38.1. 95. T38.7-T38.12 96. Commencing at T45.32. 97. T38.16-T38.21. 98. T43.36-T43.40. 99. T45.29. 100. T47.3-T47.7. 101. T48.5-T48.10. 102. T92.30-T92.34. 103. T92.43-T92.44. 104. T92.45-T92.46. 105. T93.12. 106. Commencing at T94.19. 107. T94.28-T94.22. 108. Commencing at T94.29. 109. Commencing at T94.35. 110. T94.40-T94.43. 111. T94.45-T94.47. 112. T95.19-T95.20. 113. T95.39-T95.40. 114. T95.47-T95.50. 115. At [1], [7] and [8]. 116. At paras. (29)-(30). 117. At para. (73). 118. At para (115)(dd). 119. At [26] above. 120. At para 11. 121. Statement of Agreed Facts at para 13a. 122. Statement of Agreed Facts at para 13i. 123. Statement of Agreed Facts at para 13l. 124. Statement of Agreed Facts at para 13r. 125. Statement of Agreed Facts at para 14b. 126. Statement of Agreed Facts at para 15a. The abbreviation refers to 'laughing out loud'. 127. Statement of Agreed Facts at para 15c. 128. Statement of Agreed Facts at para 102c. 129. Statement of Agreed Facts at para. 76b. 130. By virtue of s 102.9 of the Code. 131. [2007] VSC 132. At [7]. 133. At T78.29. 134. s 16A(2)(f). 135. s 16A(2)(n). 136. See for example at [29]. 137. At T95.49. 138. R v Martin (1999) 1 Cr App R 77 at 480 per Lord Bingham CJ; R v Khyam and ors [2008] EWCA Crim 1612 at [145]-[149]; R v Kahar [2016] EWCA 568 at [15]. 139. s 16A(2)(g). 140. Xiao v R [2018] NSWCCA 4; (2018) 96 NSWLR 1. 141. s 16A(2)(j). 142. s 16A(2)(ja). 143. At [8] 144. s 16A(2)(m). 145. Commencing at T29.11. 146. T29.45-T26.9. 147. At p 2. 148. Commencing at T31.28. 149. T32.22. 150. At p 3 of his report. 151. At p. 3. 152. At p. 7. 153. At p. 7 of his report. 154. P 7, para 5. 155. Testimonial of Amy Fenech. 156. Testimonial of Harla Zahab. 157. Testimonial of Houssam Raad. 158. Testimonial of Ieesha Zahab. 159. R v Lodhi (2006) 1999 FLR 364; [2006] NSWSC 691 at [91]-[92]. 160. Section 16A(2)(k). DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 07 June 2019