Directing the Activities of a Terrorist Organisation

• Will I look guilty if I don’t answer the questions?
• Will the police leave me alone if I explain my side of the story?
• Do I need to give them access to my electronic devices?

Knowing how to handle the police investigation process is important to protecting your interests. Many people make the mistake of trying to deal with the police alone.

You may also decide to have one of our lawyers attend the police interview with you. It is always sensible to have someone there looking after your interests.

Pleading Not Guilty

If you have been charged with Directing the Activities of a Terrorist Organisation and you deny the allegation, the next step is to prepare for trial. At Doogue + George Defence Lawyers, we will review the evidence compiled by police to advise you on your best strategy for defending the charge of Directing the Activities of a Terrorist Organisation. This may include seeking disclosure from police and searching material that contradicts the prosecution case.

Pleading Guilty

Making the decision to plead guilty to a charge of Directing the Activities of a Terrorist Organisation is not the end of the road. The next step is to convince a sentencing Judge that they should impose the lowest possible penalty available to you.

At Doogue + George Defence Lawyers we have experience in addressing the appropriate sentencing factors a Court is required to consider when determining a penalty. We can provide you with advice on how best to address those factors, such as engaging with a psychologist to obtain a report and gathering character references that are suitable for the Court. From our experience, this preparation has led to great results.

Which court will the case be heard in?

This type of offence is heard in the Supreme Court.

Examples of Directing the Activities of a Terrorist Organisation

• A leader in a terrorist organisation supervisors the preparation of a terrorist attack
• Someone in a terrorist organisation coordinates and manages the carrying out of a terrorist attack
• Someone in a terrorist organisation co-ordinates the meetings and briefings of a terrorist organisation
• A leader in a terrorist organisation manages the recruiting and training of members

What is the legal definition of Directing the Activities of a Terrorist Organisation?

Intentionally directing the activities of a terrorist organisation.

The Law

The section that covers this offence is section 102.2 of the Criminal Code Act 1995.

Elements of the offence

The prosecution needs to prove the following elements beyond reasonable doubt to prove that a person is guilty of this charge:

1. The accused intentionally directed the activities of an organisation; and
2. The organisation was a terrorist organisation; and
3. The accused knew that the organisation was a terrorist organisation; or
4. The accused was reckless as to whether the organisation was a terrorist organisation.

A person will be found guilty if elements 1, 2 or 3 or elements 1, 2 and 4 are satisfied.

Element 1: The accused intentionally directed the activities of an organisation
The prosecution must first prove that the accused intentionally directed the activities of an organisation.

An ‘organisation’ is defined as a body corporate or unincorporated body, whether or not the organisation is based outside Australia, consists persons who are not Australian citizens or is part of a larger organisation.¹

The accused must have intentionally directed the organisation to satisfy the first element of the offence.

Element 2: The organisation was a terrorist organisation
The prosecution must then prove that the organisation was a terrorist organisation.
A ‘terrorist organisation’ means an organisation that is specified by the regulations as a listed terrorist organisation.²

Can they prove that the organisation was a terrorist organisation?

Element 3: The accused knew that the organisation was a terrorist organisation
To prove the third element of the offence, the prosecution must prove that the accused knew the organisation was a terrorist organisation.

If the prosecution successfully establishes elements 1, 2 and 3 of the offence, then the accused will face a maximum sentence of 25 years imprisonment.

Element 4: The accused was reckless as to whether the organisation was a terrorist organisation
To prove the fourth element of the offence, the prosecution must prove that the accused was reckless as to whether the organisation was a terrorist organisation. This will be the case if the accused is aware that there is a ‘substantial risk’ that the organisation is a terrorist organisation.³

Defences

• You are not in a terrorist organisation
• You have not directed any activities in a terrorist organisation
• The organisation you are in is not a terrorist organisation

There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

Questions that are asked in cases like this:

• What does it mean to direct activities?
• Can they prove that you were involved in a terrorist organisation?
• Can they prove that you directed any activities?

Maximum penalty for section 102.2 of the Criminal Code Act 1995

The maximum penalty for the offence of Directing the Activities of a Terrorist Organisation (s102.2 of the Criminal Code Act 1995) is:

• 25 years imprisonment in circumstances where a person knew the organisation was a terrorist organisation; or
• 15 years imprisonment in circumstances where a person was reckless as to whether the organisation was a terrorist organisation.

What can you be sentenced to for this charge?

If found guilty, you will be sentenced to 25 years imprisonment.

Other Important Resources

• Australian Human Rights Commission: A Human Rights Guide to Australia’s Counter-Terrorism Laws
• FindLaw: Directing the Activities of a Terrorist Organisation