Punishing Proximity: Sentencing Preparatory Terrorism in Australia and the United Kingdom

Abstract

Very heavy sentences have consistently been handed down for preparatory terrorism convictions in Australia. This article analyses Australian and United Kingdom (UK) cases to determine the degree to which the proximity of a terrorist act affects sentences in each jurisdiction. While Australian courts discuss proximity more regularly, even where planning is at a very early stage, this will not generally mitigate sentences significantly. UK sentences tend to reflect the actual conduct of the accused to a much greater degree. This article argues that given the extension of criminality that preparatory liability represents, care should be taken to ensure that the core principles of criminal law continue to apply to such offences. It suggests that greater consideration of proximity in sentencing processes may lead to sentences that are more proportionate to the gravity of the offender's conduct and intention.