In sentencing for terrorism offences under s 101.6 of the Criminal Code 1995 (Cth), general deterrence and community protection must be given substantial, if not primary, weight, and personal mitigating factors including youth, good character, and prospects of rehabilitation must be given substantially less weight than in other forms of offending. The culpability of an offender is measured not only by proximity to commission of the terrorist act but also by the nature and extent of the contemplated act. There is no onus on the Crown to prove beyond reasonable doubt that an offender has not renounced extremist beliefs; the question of an offender's attitude towards violence is not an aggravating factor to be approached in that way. Earlier terrorism sentences, including those in Benbrika, may no longer represent appropriate benchmarks.
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