Terrorism charges may involve committing a terrorist act, planning or preparing a terrorist act, financing terrorism or a terrorist, providing or receiving training connected with terrorism, possessing items connected with terrorism and collecting or making documents likely to facilitate terrorist acts.
Types of Terrorism Charges
Engaging in a terrorist Act
Engaging in a terrorist act carries a maximum penalty of life imprisonment. To convict an individual of engaging in a terrorist act, the prosecution must prove the following elements beyond a reasonable doubt:
- The individual acted or threatened some action to advance a political, religious or ideological cause
- The individual acted or made the threat to influence the government or intimidate the public
- The action caused:
- Serious physical harm
- Serious damage to property
- Someone’s death
- A risk to the health and safety of the public
- Interference with or the destruction of a private or public asset
Providing or Receiving Training connected with terrorism acts
Providing or receiving training connected with terrorist acts carries a maximum penalty of 25 years imprisonment. To convict an individual of this offence, the prosecution must prove the following elements beyond a reasonable doubt:
- The individual provided or received training
- The individual received the training in preparation for or to assist a terrorist act
- The individual knew or was reckless as to whether the training was related to terrorism
Possessing things connected with terrorism acts
Possessing things connected with terrorist acts carries a maximum penalty of 15 years’ imprisonment. To convict an individual of this offence, the prosecution must prove:
- The individual possessed something in connection with the preparation for or assistance with an act of terror
- The individual knew or was reckless as to whether the item was connected with terrorism
Acts done in prepartion for or planning terrorist acts
Acts done in preparation for or planning terrorist attacks carry a maximum penalty of life imprisonment. To convict an individual of this offence, the prosecution must prove the following elements beyond a reasonable doubt:
- The individual engaged in some act in preparation for a terrorist attack such as:
- Enquiring about chemicals and possessing instructions on how to make bombs
- Attempting to make explosives and collecting ammunition
- Having ammunition and laboratory equipment in possession
Being a Member of a terrorist organisation
Being a member of a terrorist organisation carries a maximum penalty of 10 years in prison. To convict an individual of being a member of a terrorist organisation, the prosecution must prove the following elements beyond a reasonable doubt:
- The individual was either an informal member or had taken steps to become a member of
- An organisation declared to be a ‘terrorist organisation’ by the Governor-general, or an organisation involved in the planning and preparation or assistance of terrorist attacks
Recruiting members for a terrorist organisation
Recruiting members for a terrorist organisation carries a maximum penalty of 25 years in prison. To convict an individual of recruiting members for a terrorist organisation, the prosecution must prove that an individual induced, incited or encouraged someone to join or participate in the activities of a terrorist organisation.
Defences
Defences that may be raised in relation to a terrorism charge include:
- Duress: Where you have been intimidated or threatened into committing a terrorism offence against your will
- Mental illness: You were suffering from a mental impairment at the time you were committing the terrorism offence