When sentencing for participation in a criminal organisation under s 83E CLCA, both personal and general deterrence are very significant considerations. Membership of or association with an OMCG may of itself support a conclusion of bad character with poor rehabilitation prospects and enhanced need for personal deterrence, even where the offender has a limited prior criminal record. The transitional provision in the Sentencing Act 2017 (SA) may not extend to resentencing on appeal, though this was left as obiter.
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