Directing The Activities Of A Terrorist Organisation

by Doogue & O'Brien Criminal Defence Lawyers

The Maximum Penalty for Directing The Activities Of A Terrorist Organisation in Melbourne – How serious is this charge?

There is a maximum penalty of 25 years of imprisonment for anyone found guilty under section one of the charge of Directing The Activities Of A Terrorist Organisation. If guilt is found to be under section 2, the period of imprisonment could be as long as a period of 15 years. Directing The Activities Of A Terrorist Organisation is a very serious offence which carries a prison term on a finding of guilt. It is an indictable offence and is heard before a Judge in the Supreme Court.

 

The legislation on Directing The Activities Of A Terrorist Organisation

Section 101.2 of the Criminal Code Act 1995 is the relevant law for Directing The Activities Of A Terrorist Organisation and is as follows:

 

Providing or receiving training connected with terrorist acts

 

(1)    A person commits an offence if:

 

                     (a)  the person provides or receives training; and

                     (b)  the training is connected with preparation for, the engagement of a person in, or assistance in a terrorist act; and

                     (c)  the person mentioned in paragraph (a) knows of the connection described in paragraph (b).

 

Penalty:  Imprisonment for 25 years.

 

(2)    A person commits an offence if:

 

                     (a)  the person provides or receives training; and

                     (b)  the training is connected with preparation for, the engagement of a person in, or assistance in a terrorist act; and

                     (c)  the person mentioned in paragraph (a) is reckless as to the existence of the connection described in paragraph (b).

 

Penalty:  Imprisonment for 15 years.

 

(3)    A person commits an offence under this section even if:

 

                     (a)  a terrorist act does not occur; or

                     (b)  the training is not connected with preparation for, the engagement of a person in, or assistance in a specific terrorist act; or

                     (c)  the training is connected with preparation for, the engagement of a person in, or assistance in more than one terrorist act.

(4)    Section 15.4 (extended geographical jurisdiction--category D) applies to an offence against this section.

(5)    If, in a prosecution for an offence (the prosecuted offence ) against a subsection of this section, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the alternative offence ) against another subsection of this section, the trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

 

Pleading guilty or not guilty to Directing The Activities Of A Terrorist Organisation in a Melbourne Court

Deciding on whether to plead guilty to Directing The Activities Of A Terrorist Organisation or not has important implications for you and should be made after proper discussions with a criminal defence solicitor. If you are found guilty, there could be severe consequences.

 

Elements of the charge of Directing The Activities Of A Terrorist Organisation in a Melbourne Court

The Prosecution must show that the defendant intentionally directed the activities of a terrorist organization. The organization must strictly be a terrorist organization and the defendant should have been aware of this fact. These elements apply to offences under section 1 of the legislation for this offence as well as to offences under section two; except that for section 2 offences, the defendant should have been reckless (instead of aware) as to whether the organization was a terrorist organization.

 

Defending the charge of Directing The Activities Of A Terrorist Organisation in a Melbourne Court

Defending the charge of Directing The Activities Of A Terrorist Organisation can be done on basis of a factual or identification dispute. Was the organization really a terrorist organization? Was the defendant really the one who directed such activities?

 

For more information on Directing The Activities Of A Terrorist Organisation, you may visit the Australian Defence Lawyers Association site (click here) and also the Doogue & O’Brien Melbourne Criminal Lawyers site (here).

 

Doogue & O’Brien Melbourne can provide you more detail about this

Our Head Office is at 5/221 Queen Street, Melbourne

Phone (03) 9670 5111 (24 hrs if you are in a Police Station)             

www.criminal-lawyers.com.au/melbourne-criminal-lawyers

 

This article was written on Aug. 15, 2012 and relates to the law that it stands at this time.

 



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