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Providing Or Receiving Training Connected With Terrorist Acts

Commonwealth Offences – Federal

Welcome to the Federal Providing Or Receiving Training Connected With Terrorist Acts article page. Everything you need to know about Providing Or Receiving Training Connected With Terrorist Acts according to Federal law.

What the Law States according to Federal Law for Providing Or Receiving Training Connected With Terrorist Acts

According to Federal Law for the charge of Providing Or Receiving Training Connected With Terrorist Acts:

Sections 101.2 of the Commonwealth Criminal Code states:

(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

(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 is a terrorist act; and

(c) the person mentioned in paragraph (a) is reckless as to the existence of the connection described in paragraph (b)

(3) A person commits an offence 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.

Section 15.4 states

If a law of the Commonwealth provides that this section applies to a particular offence, the offence applies:

(a) whether or not the conduct constituting the alleged offence occurs in Australia; and

(b) whether or not a result of the conduct constituting the alleged offence occurs in Australia.

The Maximum Penalty – Providing Or Receiving Training Connected With Terrorist Acts

The Maximum penalty for the offence of Providing or Receiving Training Connected with Terrorist Acts is

(a) Section (1) 25 years imprisonment.

(b) Section (2) 15 years imprisonment.

Section 101.2(4) states:

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.

What the Police must prove according to Federal Law for Providing Or Receiving Training Connected With Terrorist Acts

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

Section 101.2 (1)

1. The person provided or received training; and

2. the training is connected with preparation for, the engagement of a person in, or assistance in a terrorist act; and

3. the person mentioned in paragraph 1 knows of the connection described in paragraph

Section 101.2 (2)

1. The person provided or received training; and

2. The training is connected with preparation for, the engagement of a person in, or assistance is a terrorist act; and

3. The person mentioned in paragraph 1 is reckless as to the existence of the connection described in paragraph 2

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.

Possible Defences under Federal Law – Providing Or Receiving Training Connected With Terrorist Acts

Possible defences to this offence include but are not limited to:

Section 101.2 (1)

1. The person did not provided or received training; and

2. the training is not connected with preparation for, the engagement of a person in, or assistance in a terrorist act; and

3. the person mentioned in paragraph 1 does not know of the connection described in paragraph

Section 101.2 (2)

1. The person did not provided or received training; and

2. The training is not connected with preparation for, the engagement of a person in, or assistance is a terrorist act; and

3. The person mentioned in paragraph 1 is not reckless as to the existence of the connection described in paragraph 2

In Federal which court will hear the matter – Providing Or Receiving Training Connected With Terrorist Acts

This matter is Commonwealth Offence which means it is dealt with in the Supreme Court.

 

Date: 09/01/2009

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