Terrorism Charges
Being charged with a terrorist offence can have serious consequences, and attract unwanted media attention and public prejudice which can all heavily impact your life. It is important to ensure that you get into contact with experienced lawyers to achieve the best potential outcome for you.
You can give yourself an effective defence against these charges by contacting our knowledgeable criminal defence team at Criminal Lawyers – Defending You. We provide honest and realistic advice and can assist you through the criminal justice process. It is our goal to deliver a strong defence for your case and provide the best possible outcome for your situation.
Please see below for more information on the offence that relates to you. If you have any further questions or want to discuss your situation with proficient and experienced lawyers, contact our team at (02) 9060 9799 or email our Principal Lawyer at samuel@saslawyers.com.au.
Engaging in a Terrorist Act
Engaging in a terrorist act is an offence against section 101.1 of the Criminal Code Act 1995 (Cth).
What is a Terrorist Act?
A terrorist act refers to “an act or threat to act that intends to coerce or influence the public or any government by intimidation to advance a political, religious, or ideological cause and includes:
Causing serious harm that is physical harm to a person or death or serious damage to property
Endangering a person’s life
Creating a serious risk to the health or safety of the public or a section of the public or seriously interfering with, disrupting, or destroying, an electronic system such as telecommunications, financial, baking, government, public utility, or transport system.
Maximum Penalties
The maximum penalty is life imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on individual circumstances and the nature of your offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Providing or Receiving Training Connected with Terrorism Acts
Providing or receiving training connected with a terrorist act is an offence against section 101.2 of the Criminal Code Act 1995 (Cth).
What is a Terrorist Act?
A terrorist act refers to “an act or threat to act that intends to coerce or influence the public or any government by intimidation to advance a political, religious or ideological cause and includes:
Causing serious harm that is physical harm to a person or death or serious damage to property
Endangering a person’s life
Creating a serious risk to the health or safety of the public or a section of the public or seriously interfering with, disrupting, or destroying, an electronic system such as telecommunications, financial, baking, government, public utility, or transport system.
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You provided or received training and
The training was connected with preparation for, the engagement of a person in, or assistance in a terrorist act and
You knew the training was connected to a terrorist act
or you were reckless to the existence of the connection between the training and terrorist act
It Does Not Matter If:
the terrorist act does not occur
the training is not connected with the preparation for, the engagement of a person in, or assistance in a specific terrorist act
the training is connected with the preparation for, the engagement of a person in, or assistance in more than one terrorist act
Maximum Penalties
Section 101.2(1): You knew the training was connected to a terrorist act
The maximum penalty is 25 years imprisonment.
Section 101.2(2): You were reckless with the connection between the training and the terrorist act
The maximum penalty is 15 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on individual circumstances and the nature of your offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Possessing things Connected with Terrorism Acts
Possessing things connected with a terrorist act is an offence against section 101.4 of the Criminal Code Act 1995 (Cth).
What is a Terrorist Act?
A terrorist act refers to “an act or threat to act that intends to coerce or influence the public or any government by intimidation to advance a political, religious or ideological cause and includes:
Causing serious harm that is physical harm to a person or death or serious damage to property
Endangering a person’s life
Creating a serious risk to the health or safety of the public or a section of the public or seriously interfering with, disrupting, or destroying, an electronic system such as telecommunications, financial, baking, government, public utility, or transport system.
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You possessed a thing that was connected with preparation for, the engagement of a person in, or assistance in a terrorist act
You knew the thing was connected to a terrorist act, or
You were reckless to the existence of the connection between the thing and the terrorist act
It Does Not Matter If:
the terrorist act does not occur
the training is not connected with the preparation for, the engagement of a person in, or assistance in a specific terrorist act
the training is connected with the preparation for, the engagement of a person in, or assistance in more than one terrorist act
Maximum Penalties
Section 104.2(1): You knew the thing was connected to a terrorist act
The maximum penalty is 15 years imprisonment.
Section 104.2(2): You were reckless with the connection between the thing and the terrorist act
The maximum penalty is 10 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on individual circumstances and the nature of your offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Acts Done in Preparation for or Planning Terrorist Acts
Acts that have been done in preparation for, or planning, a terrorist act is an offence against section 101.6 of the Criminal Code Act 1995 (Cth).
What is a Terrorist Act?
A terrorist act refers to “an act or threat to act that intends to coerce or influence the public or any government by intimidation to advance a political, religious or ideological cause and includes:
Causing serious harm that is physical harm to a person or death or serious damage to property
Endangering a person’s life
Creating a serious risk to the health or safety of the public or a section of the public or seriously interfering with, disrupting, or destroying, an electronic system such as telecommunications, financial, baking, government, public utility, or transport system.
It Does Not Matter If:
the terrorist act does not occur
the training is not connected with the preparation for, the engagement of a person in, or assistance in a specific terrorist act
the training is connected with the preparation for, the engagement of a person in, or assistance in more than one terrorist act
Maximum Penalties
The maximum penalty is life imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on individual circumstances and the nature of your offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Being a Member of a Terrorist Organisation
Being a member of a terrorist organisation is an offence against section 102.3 of the Criminal Code Act 1995 (Cth).
A terrorist organisation refers to an organisation that is directly or indirectly engaged in, preparing, planning, assisting in, or fostering the doing of a terrorist act.
What is a Terrorist Act?
A terrorist act refers to “an act or threat to act that intends to coerce or influence the public or any government by intimidation to advance a political, religious or ideological cause and includes:
Causing serious harm that is physical harm to a person or death or serious damage to property
Endangering a person’s life
Creating a serious risk to the health or safety of the public or a section of the public or seriously interfering with, disrupting, or destroying, an electronic system such as telecommunications, financial, baking, government, public utility, or transport system.
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You intentionally are a member of an organisation and
The organisation is a terrorist organisation
You knew that the organisation is a terrorist organisation
Maximum Penalties
The maximum penalty is 10 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on individual circumstances and the nature of your offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Recruiting Members of a Terrorist Organisation
Recruiting a member of a terrorist organisation is an offence against section 102.4 of the Criminal Code Act 1995 (Cth).
A terrorist organisation refers to an organisation that is directly or indirectly engaged in, preparing, planning, assisting in, or fostering the doing of a terrorist act.
What is a Terrorist Act?
A terrorist act refers to “an act or threat to act that intends to coerce or influence the public or any government by intimidation to advance a political, religious or ideological cause and includes:
Causing serious harm that is physical harm to a person or death or serious damage to property
Endangering a person’s life
Creating a serious risk to the health or safety of the public or a section of the public or seriously interfering with, disrupting, or destroying, an electronic system such as telecommunications, financial, baking, government, public utility, or transport system.
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You intentionally recruited a person to join, or participate in the activities of, an organisation and
The organisation is a terrorist organisation
You knew that the organisation is a terrorist organisation or
You were reckless as to whether the organisation is a terrorist organisation
Maximum Penalties
Section 102.4(1): You knew the organisation was a terrorist organisation
The maximum penalty is 25 years imprisonment.
Section 102.4(2): You were reckless as to whether the organisation was a terrorist organisation
The maximum penalty is 15 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on individual circumstances and the nature of your offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment