Terrorism

ACTS OF TERRORISM

A terrorist act is defined as:

“an act or a 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 that causes any of the following:

• Death, serious harm or danger to a person;
• Serious damage to property;
• A serious risk to the health or safety of the public;
• Serious interference with, disruption to, or destruction of critical infrastructure such as a telecommunications or electricity network.”

The Criminal Code also now includes an array of terrorism offences consisting of

• Acts preparatory to a terrorist act, including directing the activities of a terrorist organisation (Section 102.2),
• Being a member of a terrorist organisation (Section 102.3), and
• Providing support for a terrorist organisation (Section 102.7).

Some terrorism offences impose a legal burden on the defendant. For the offence of membership of a terrorist organisation, it is a defence to prove that the defendant took reasonable steps to stop being a member of a terrorist organisation as soon as practicable after the person knew that terrorism was the main ploy of the organisation.

Section 102.6 creates the offence of getting funds to, from, or for a terrorist organisation. A person will not commit an offence if he or she proves that the funds were received solely for the purpose of the provision of legal representation for a person in proceedings relating to terrorist organisation offences or assisting the organisation to comply with Australian law.

 

Introduction of Control Orders and Preventative Detention

In 2005, the Criminal Code Act was again amended to introduce Control Orders and Preventative Detention Orders. Control Orders are orders to restrict the liberty of an individual for the purpose of protecting the public from a risk of terrorism. Restrictions imposed by courts as part of a control order can include electronic tagging, curfews, house arrest, restrictions on associating with certain people and reporting requirements. In 2016, the legislation governing control orders was extended to children aged 14 and older.

Also introduced in 2005, Preventative Detention Orders (PDOs) allow for a person to be detained for up to 48 hours in order to prevent a terrorist act from occurring or to preserve evidence relating to a recent terrorist act (Section 105.1). PDOS can be made in relation to persons over the age of 16.

 

High Risk Terrorism Offenders

In 2016, the Criminal Code was further made an amendment to establish a scheme for the continued detention of high-risk terrorist offenders who are assessed by a judge as posing an unacceptable risk of committing further terrorism offences towards and the end of their prison sentence. Amendments were also made to the Surveillance Devices Act and the Telecommunications (Interception and Access) Act to facilitate this scheme.

 

Maximum penalty

Terrorism offences can be punished up to life imprisonment.

Please note this penalty is reserved for the worst kind of offending and may be unlikely to be what you actually receive as a sentence.

 

Defences

Some of the possible defences available for those charged with Terrorism can be as follows:

• If you were compelled to act in a certain way due to the circumstances, or the threats of another your case may come under the argument of duress;

If your actions were necessary to prevent a greater harm from occurring to you or someone else, you may come under the argument of necessity.

 

CHOICES AT LAW OPTIONS

For Terrorism offences, Rep-Revive Criminal Lawyers® offers the following options:

1. We initiate negotiation with prosecutors (police or DPP) (a term referred to as “plea negotiations”) and plead to withdrawal or downgrade of the charge or alternatively, seek amendments to the police fact sheets or documents.
2. At the hearing/trial, Rep-Revive Criminal Lawyers® shall if you so instruct Plead Not Guilty and drive the argument based on prosecution’s inability to prove the elements of their accusation.
3. Alternatively, Rep-Revive Criminal Lawyers® may plead guilty on your instructions however, the hearing shall revolve around the facts with an objective to obtain a moderate or minimum punishment.
4. Lastly, Rep-Revive Criminal Lawyers® on your instructions enter a plea of guilt where you accept all the charges pressed by the police, but we present a case so solid on your behalf, with an objective to persuade and convince the Court to not record a criminal conviction against you.

For further information on your choices at law click on (CHOICES AT LAW tab on our website)

 

WHY REP-REVIVE CRIMINAL LAWYERS®

There are several reasons to engage Rep-Revive Criminal Lawyers®:

•  We are always in your corner

At Rep-Revive Criminal Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner. 

•  We bring about excellent results

Rep-Revive Criminal Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.

Rep-Revive Criminal Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court.  

• Your case will be in the hands of an experienced lawyer

Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal Lawyers® who have been in the provision of legal service for over 21 years.  

If you are charged with an offence, our team at Rep-Revive Criminal Lawyers® are best suited for representing your case.

Please contact our office on 0419 998 398 or 0492 857 721 or email info@rpr5.sydney for more information. The first consultation is free.