Getting Funds To, From, or For a Terrorist Organisation

By Doogue + George Criminal Defence Lawyers


The Maximum Penalty for “Getting Funds To, From, or For a Terrorist Organisation” in Melbourne – How Serious is It?

There is a maximum penalty of 25 years of imprisonment for a person found guilty of “Getting Funds To, From, or For a Terrorist Organisation”. This applies to situations under subsection 1 of the legislation for this charge. For an offending that falls under subsection 2, the maximum term of imprisonment is 15 years. It is always up to the Court whether to impose the maximum or a lower penalty depending on the circumstances. “Getting Funds To, From, or For a Terrorist Organisation” is a highly serious offence that is likely to result in a prison term if guilt is proven in Court. This degree of seriousness is reflected in the type of Court that has primary jurisdiction over cases that involve this charge: the Supreme Court.

 

The legislation on “Getting Funds To, From, or For a Terrorist Organisation”

Section 102.6 of the Criminal Code Act 1995 is the appropriate law for “Getting Funds To, From, or For a Terrorist Organisation”:

                       

Getting Funds To, From or For a Terrorist Organisation

 

(1)  A person commits an offence if:

 

(a)  the person intentionally:

 

(i)  receives funds from, or makes funds available to, an organisation (whether directly or indirectly); or

(ii)  collects funds for, or on behalf of, an organisation (whether directly or indirectly); and

 

(b)  the organisation is a terrorist organisation; and

 

(c)  the person knows the organisation is a terrorist organisation.

 

Penalty:  Imprisonment for 25 years.

 

(2)  A person commits an offence if:

 

(a)  the person intentionally:

 

(i)  receives funds from, or makes funds available to, an organisation (whether directly or indirectly); or

(ii)  collects funds for, or on behalf of, an organisation (whether directly or indirectly); and

 

(b)  the organisation is a terrorist organisation; and

 

(c)  the person is reckless as to whether the organisation is a terrorist organisation.

 

Penalty:  Imprisonment for 15 years.

 

(3)  Subsections (1) and (2) do not apply to the person's receipt of funds from the organisation if the person proves that he or she received the funds solely for the purpose of the provision of:

 

(a)  legal representation for a person in proceedings relating to this Division; or

 

(b)  assistance to the organisation for it to comply with a law of the Commonwealth or a State or Territory.

 

Note: A defendant bears a legal burden in relation to the matter in subsection (3) (see section 13.4).

 

Pleading guilty or not guilty to “Getting Funds To, From, or For a Terrorist Organisation” in a Melbourne Court

The decision on whether you should plead guilty or not to “Getting Funds To, From, or For a Terrorist Organisation” has important implications for you and should be consulted with a criminal defence solicitor. If the Court finds you guilty, there could be negative consequences.

 

Elements of the charge of “Getting Funds To, From, or For a Terrorist Organisation” in a Melbourne Court

Prosecutors must show to the Court that the defendant received funds from, made funds available to, or collected funds for or in behalf, of an organization. These actions could have been done directly or indirectly and the organization should be a terrorist organization. The defendant must have also been aware that the organisation is a terrorist organisation, or the defendant may have been reckless as to whether the organisation is a terrorist organisation.

 

Defending the charge of “Getting Funds To, From, or For a Terrorist Organisation” in a Melbourne Court

Defences that are often run in relation to this charge are matters revolving around a factual dispute. Did the defendant really commit any of the actions mentioned in the elements of this offence? If any of the elements are not satisfied, then the defence of impossibility can also be used. There are also the defences of lack of intent, honest and reasonable mistake of belief, as well as wrong identification.

 

For more information on “Getting Funds To, From, or For 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 details 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 Oct. 22, 2012 and relates to the law that it stands at this time.

 



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