Recruiting for a Terrorist Organisation

– section 102.4 of the Commonwealth Criminal Code
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It is a criminal offence for someone to intentionally recruit another person to join or participate in the activities of a terrorist organisation.
Examples of Recruiting for a Terrorist Organisation
  • Encouraging someone to join a terrorist organisation; or
  • Inducing someone to join a terrorist organisation;
Questions in cases like this
  • Did you know that the organisation was a terrorist organisation?
  • Did you in fact encourage people to join the terrorist organisation?
What are some of the possible defences to Recruiting for a Terrorist Organisation?

If you have been charged with this offence, you may rely on one of the following defences to contest this charge:

  • Lack of intent;
  • The accused did not know or was not reckless as to the organisation being a terrorist organisation; or
  • Factual error.

You should call us to discuss your case with one of our experienced criminal lawyers if you have been charged. Deciding on whether to plead guilty or not has important implications for you and should be made after proper discussions with a criminal lawyer.

Maximum penalty and court that deals with this charge

ImprisonmentThere is a maximum penalty of 25 years imprisonment for anyone found guilty of an offence under section 1 or 15 years imprisonment for anyone found guilty of an offence under section 2. The Commonwealth offence of recruiting for a terrorist organisation is a very serious offence which is heard in the Supreme Court.

What is the legal definition of Recruiting for a Terrorist Organisation?

Section 101.1 of the Commonwealth Criminal Code defines ‘terrorist organisation’ as:

  1. an organisation that is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act; or
  2. an organisation that is specified by the regulations for the purposes of this paragraph (see subsections (2), (3) and (4)).
Legislation

The legislation for this offence can be found on section 102.4 of Criminal Code Act 1995.

Elements of the offence

For the Prosecution to prove this charge, they must satisfy the Court of the following elements:

  • the accused intentionally recruited a person to join or participate in the activities of an organisation;
  • that the organisation is a terrorist organisation and that the accused knew that the organisation was a terrorist organisation (section 1) or was reckless as to whether the organisation was a terrorist organisation (section 2).
“Can the Prosecution prove that you knew or that you were reckless that the organisation is a terrorist organisation?”

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