Engagement of paragraph 8.1.1(1)(a) of Direction 99 does not automatically require a finding that offending is 'very serious'; the Tribunal must independently assess the nature and seriousness of the offending and evaluate all representations bearing on that assessment, including representations about absence of premeditation and targeting.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.
2 of the 10 citing cases carry a classified treatment. How each court treated it is available to signed-in members.