Collecting or Making Documents Likely to Facilitate Terrorist Acts

by Doogue & O'Brien Criminal Defence Lawyers

How serious is a charge of Collecting or Making Documents Likely to Facilitate Terrorist Acts? What’s the maximum penalty and which Melbourne Court hears it?

Collecting or Making Documents Likely to Facilitate Terrorist Acts is a very serious Commonwealth offence which carries a prison term on a finding of guilt. All cases involving this charge are heard before a Judge in the Supreme Court. There is a maximum penalty of 15 years of imprisonment for anyone found guilty of Collecting or Making Documents Likely to Facilitate Terrorist Acts under section 1 of the legislation for this charge. If a defendant is found guilty under section 2, the maximum penalty is a 10-year prison term.

 

The legislation on Collecting or Making Documents Likely to Facilitate Terrorist Acts

Section 101.5 of the Criminal Code Act 1995 is the relevant law for Collecting or Making Documents Likely to Facilitate Terrorist Acts and is as follows:

                             

Collecting or Making Documents Likely to Facilitate Terrorist Acts

 

(1)    A person commits an offence if:

 

                     (a)  the person collects or makes a document; and

                     (b)  the document 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 15 years.

 

(2)    A person commits an offence if:

 

                     (a)  the person collects or makes a document; and

                     (b)  the document 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 10 years.

 

             (3)  A person commits an offence under subsection (1) or (2) even if:

 

                     (a)  a terrorist act does not occur; or

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

                     (c)  the document 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)  Subsections (1) and (2) do not apply if the collection or making of the document was not intended to facilitate preparation for, the engagement of a person in, or assistance in a terrorist act.

 

Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3)).

 

             (6)  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 Collecting or Making Documents Likely to Facilitate Terrorist Acts in a Melbourne Court

Deciding on whether to plead guilty or not guilty to a charge of Collecting or Making Documents Likely to Facilitate Terrorist Acts has important implications for you and should be made after proper discussions with a criminal defence solicitor. If you are proven guilty, there could be severe consequences.

 

Elements of the charge of Collecting or Making Documents Likely to Facilitate Terrorist Acts in a Melbourne Court

The Prosecution must prove that the defendant collected or made a document that is connected with the preparation for, the engagement of a person in, or assistance in a terrorist act. It is necessary for the defendant to have been aware of the  connection.

 

Defending the charge of Collecting or Making Documents Likely to Facilitate Terrorist Acts in a Melbourne Court

Defending the charge of Collecting or Making Documents Likely to Facilitate Terrorist Acts often involves a factual dispute. In some cases, a document was collected or made by a defendant but not with the intent to facilitate preparation for, engagement of a person in, or assistance in a terrorist act. The defendant may also have not made or collected any such document or, the defendant may have done so but was unaware that it was connected to facilitating a terrorist act.

For more information on Collecting or Making Documents Likely to Facilitate Terrorist Acts, 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. 14, 2012 and relates to the law that it stands at this time.



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