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International Journal for Crime, Justice and Social Democracy Queensland University of Technology 2202-8005 The International Journal for Crime, Justice and Social Democracy is an open access, blind peer reviewed journal that publishes critical research about challenges confronting criminal justice systems around the world. Committed to Open Access  and democratising quality knowledge production and dissemination. FREE TO DOWNLOAD AND FREE TO PUBLISH!  http://creativecommons.org/licenses/by/4.0
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International Journal for Crime, Justice and Social Democracy 2 1

‘Let the Punishment Match the Offence’: Determining Sentences for Australian Terrorists

Abstract

To date, 38 men have been charged with terrorism offences in Australia. Twenty-six have been convicted. The article commences with an overview of the factual circumstances leading to these convictions. This provides important background for the following discussion of a largely unexplored issue in Australian anti-terrorism law and policy, namely, the difficulties faced by the Australian courts in adapting traditional sentencing principles to the (for the most part, preparatory) terrorism offences enacted by the Commonwealth Parliament after the 9/11 terrorist attacks. Of particular interest are how the courts determine the objective seriousness of these offences and the respective weight placed upon deterrence (both specific and general) and the rehabilitation of convicted terrorists.
Published:
Pages:18 to 34
Section: Articles
6 citation(s) in Scopus
0 citation(s) in Web of Science

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Author Biography

University of New South Wales
Australia Australia

Lecturer,

Australian Research Council Laureate Fellowship, ‘Anti-Terror Laws and the Democratic Challenge’,

Gilbert + Tobin Centre of Public Law, Faculty of Law,