For federal terrorism offences sentenced under s 16A of the Crimes Act 1914 (Cth), the sentencing judge must take into account the utilitarian value of a guilty plea as a separate consideration from subjective matters such as remorse, following Xiao v R. Failure to do so constitutes a House v The King error. The R v Robert Borkowski principles for assessing utilitarian value apply to federal offences. For offences under s 101.5(1) of the Criminal Code, the predominant sentencing considerations are protection of the community, punishment, denunciation and general deterrence, and the objective seriousness is to be assessed by reference to the content and purpose of the documents rather than their word count.
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