Providing or Receiving Training Connected with Terrorist Acts

by Doogue O'Brien George Criminal Defence Lawyers


The Maximum Penalty for “Providing or Receiving Training Connected with Terrorist Acts” in Melbourne – How Serious is This Charge?

There is a maximum penalty of 15 to 25 years imprisonment for anyone found guilty of “Providing or Receiving Training Connected with Terrorist Acts”. The maximum term depends on what section of the legislation for this charge was violated – 25 years for section 1 offences and 15 years for section 2 offences. “Providing or Receiving Training Connected with Terrorist Acts” is among the most serious offences amd will carry a prison term upon conviction. This level of seriousness is also demonstrated by the type of Court that handles all relevant charges: the Supreme Court.

 

The legislation on “Providing or Receiving Training Connected with Terrorist Acts”

Section 101.2 of the Criminal Code Act 1995 is the relevant legislative provision for “Providing or Receiving Training Connected with Terrorist Acts” 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 “Providing or Receiving Training Connected with Terrorist Acts” in a Melbourne Court

Pleading guilty or not guilty to the charge of “Providing or Receiving Training Connected with Terrorist Acts” is a serious matter that must be carefully discussed with a criminal defence solicitor. Find out the possible consequences and be fully prepared once you appear in Court.

 

Elements of the charge of “Providing or Receiving Training Connected with Terrorist Acts” in a Melbourne Court

The prosecution must establish in Court that the defendant provided or received a training that is connected with the preparation for, the engagement of a person in, or the assistance in a terrorist act. For the offence to fall under section 1 of the legislation for this charge, the defendant must have been aware of the connection between the training and the terrorist act. For section 2, the defendant must have been reckless as to whether there was a connection between the training and the terrorist act.

 

Defending the charge of “Providing or Receiving Training Connected with Terrorist Acts” in a Melbourne Court

Defences that are often run in relation to this charge are factual errors, honest and reasonable mistake of belief, and absence of required intent. Other defences may be used upon the discretion of the criminal lawyer defending the case in Court.

 

For more information on “Providing or Receiving Training Connected with Terrorist Acts”, you may visit the Doogue O’Brien George Melbourne Criminal Lawyers site (here).

 

Doogue O’Brien George 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)

 

This article was written on Sep. 18 2013 and relates to the law as it stands at this time.

 

 



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