Terrorism offences are 'abnormal crimes' requiring consideration of a range of penalties that do not necessarily correlate with normal, though grave, crimes. For sentencing purposes under s 86 of the Crimes Act 1914 (Cth), although conspiracy carries the same maximum penalty as the completed offence, the court must focus on what was actually done, the intention with which it was done, and the harm that occurred. The majority held that a sentence of 9 years (from a maximum of 25 years) for a terrorism conspiracy that did not progress beyond initial planning and surveillance, where the offender withdrew and cooperated, was within the range of the sentencing discretion. The dissent would have imposed 15 years, emphasising the abnormal nature of terrorism and the need for denunciation and general deterrence.
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