The seriousness of terrorism offences under Part 5.3 of the Criminal Code (Cth) is to be assessed by reference to the risk the organisation poses to the community, not by whether a specific attack was imminent or whether the organisation had a history of violence. The criminality of membership is principally determined by the organisation's characteristics and the risk it poses, but the individual member's degree of commitment and actions in furtherance of the organisation's objects are also relevant. Where there is no evidence of renunciation of violent ideology, the court cannot make allowances for rehabilitation, specific deterrence, or protection of the public. The existence of control orders under Division 104 does not relieve the court from fixing an appropriate sentence. The R v Verdins principles regarding impaired mental functioning do not justify disparity between co-offenders where all are likely to suffer psychiatric symptoms from harsh imprisonment conditions.
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