Recruiting for a Terrorist Organisation

by Doogue O'Brien George Criminal Defence Lawyers


Penalty for “Recruiting for a Terrorist Organisation” in Melbourne – How Serious is This Charge?

There is a maximum penalty of 15 to 25 years imprisonment for anyone found guilty of the charge of “Recruiting for a Terrorist Organisation”. The exact maximum term depends on the section of the legislation that is involved in the charge. The maximum term is 25 years if the offending falls under section 1 and 15 years if under section 2. “Recruiting for a Terrorist Organisation” is a very serious offence that will result in a prison term if guilt is established in Court. The seriousness of this charge is further reflected by the type of Court that has primary jurisdiction over cases related to it: the Supreme Court.

 

The legislation on “Recruiting for a Terrorist Organisation”

Section 102.4 of the Criminal Code Act 1995 is the relevant legislative provision for “Recruiting for a Terrorist Organisation” and is as follows:

                          

Recruiting for a Terrorist Organisation

 

(1)  A person commits an offence if:

 

(a)  the person intentionally recruits a person to join, or participate in the activities of, an organisation; and

(b)  the organisation is a terrorist organisation; and

(c)  the first-mentioned person knows the organisation is a terrorist organisation.

 

Penalty:  Imprisonment for 25 years.

 

(2)  A person commits an offence if:

 

(a)  the person intentionally recruits a person to join, or participate in the activities of, an organisation; and

(b)  the organisation is a terrorist organisation; and

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

 

Penalty:  Imprisonment for 15 years.

 

Pleading guilty or not guilty to “Recruiting for a Terrorist Organisation” in a Melbourne Court

Deciding whether to plead guilty or not guilty to a charge of “Recruiting for a Terrorist Organisation” has important implications for you. Immediately discuss the case with a criminal defence solicitor. If you are found guilty, the consequences could be severe.

 

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

The prosecution must show that the defendant intentionally recruited a person to join or participate in the activities of an organisation. This organisation must be a terrorist organisation and the defendant must have either had knowledge of this (under section 1 of the law for this charge) or must have been reckless as to whether the organisation was a terrorist organisation (under section 2 of the law for this charge).

 

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

Defences that are often run in relation to this charge often revolve around a factual dispute. When any of the elements of this charge cannot be established satisfactorily, this may be used by a criminal lawyer to defend the case in Court. Lack of intent and honest and reasonable mistake of belief are also criminal defences used.

 

For more information on “Recruiting for a Terrorist Organisation”, 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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