There is no discrete body of sentencing principles applicable exclusively to terrorism offences under Part 5.3 of the Criminal Code that would be legally irrelevant to foreign incursion offences under Part 5.5. The extent of an offender's radicalisation at the time of offending is not necessarily legally irrelevant to the assessment of the objective seriousness of a foreign incursion offence, though its relevance depends on the circumstances of the particular case. Protection of the community may be a significant sentencing consideration for foreign incursion offences depending on the facts. To characterise foreign incursion offences as 'a species of terrorism' attracting a particular set of sentencing principles invites error.
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