Membership of a Terrorist Organisation

By Doogue + George Criminal Defence Lawyers


 The Maximum Penalty for “Membership of a Terrorist Organisation” in Melbourne - How Serious is It?

Imprisonment for 10 years is the maximum penalty that may be imposed by Courts for the charge of “Membership of a Terrorist Organisation”. This is imposed during cases where a defendant has been found by Court to have committed an extreme example of this offence. Like with other charges, it is up to the Court to determine the appropriate degree of penalty based on the severity of an offending. “Membership of a Terrorist Organisation” is a highly serious offence that will likely lead to a prison term once guilt is established in Court. The seriousness of this offence is also reflected on the fact that jurisdiction for this charge is primarily given to the Supreme Court.

 

The legislation on “Membership of a Terrorist Organisation”

Section 102.3 of the Criminal Code Act 1995 is the legislation for the offence of “Membership of a Terrorist Organisation”. It states:

 

Membership of a Terrorist Organisation

 (1)  A person commits an offence if:

(a)  the person intentionally is a member of an organisation; and

(b)  the organisation is a terrorist organisation; and

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

Penalty:  Imprisonment for 10 years.

(2)  Subsection (1) does not apply if the person proves that he or she took all reasonable steps to cease to be a member of the organisation as soon as practicable after the person knew that the organisation was a terrorist organisation.

 

Pleading guilty or not guilty to “Membership of a Terrorist Organisation” in a Melbourne Court

Immediately consult with a lawyer to find out the best way to address legal issues related to the charge of “Membership of a Terrorist Organisation”. This is a very serious charge that naturally carries very serious consequences. Prepare yourself and get in touch with the right lawyer who can defend your case with the best possible results.

 

Elements of the charge of “Membership of a Terrorist Organisation” in a Melbourne Court

For this charge to be proven, the defendant must have intentionally been a member of an organisation. This organisation must be a terrorist organisation and the defendant must have been aware of this.

 

Defending the charge of “Membership of a Terrorist Organisation” in a Melbourne Court

Defences that are often run in relation to this offence are factual and identification disputes. The defendant may have not been aware that the organisation was a terrorist organisation. If such was the case, then lack of intent and honest and reasonable mistake of belief are also considerations.

 

For more information on “Membership 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 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

 



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