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Section 101.4 Criminal Code Act
Possessing Things Connected with Terrorist Acts

Section 101.4 of the Criminal Code Act 1995 (Cth) is Possessing Things Connected with Terrorist Acts and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Possessing Things Connected with Terrorist Acts matter, call Sydney Criminal Lawyers® today on (02) 9261 8881.

101.4  Possessing things connected with terrorist acts

(1)  A person commits an offence if:

(a)  the person possesses a thing; and

(b)  the thing 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 (b).

Penalty:  Imprisonment for 15 years.

(2)  A person commits an offence if:

(a)  the person possesses a thing; and

(b)  the thing 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) is reckless as to the existence of the connection described in paragraph (b).

Penalty:  Imprisonment for 10 years.

(3)  A person commits an offence under subsection (1) or (2) even if:

(a)  a terrorist act does not occur; or

(b)  the thing is not connected with preparation for, the engagement of a person in, or assistance in a specific terrorist act; or

(c)  the thing is connected with preparation for, the engagement of a person in, or assistance in more than one terrorist act.

(4)  Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against this section.

(5)  Subsections (1) and (2) do not apply if the possession of the thing was not intended to facilitate preparation for, the engagement of a person in, or assistance in a terrorist act.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3)).

(6)  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.

A ‘Terrorist Act’ is defined as follows:

terrorist act means an action or threat of action where:

(a)  the action falls within subsection (2) and does not fall within subsection (3); and

(b)  the action is done or the threat is made with the intention of advancing a political, religious or ideological cause; and

(c)  the action is done or the threat is made with the intention of:

(i)  coercing, or influencing by intimidation, the government of the Commonwealth or a State, Territory or foreign country, or of part of a State, Territory or foreign country; or

(ii)  intimidating the public or a section of the public.

(2)  Action falls within this subsection if it:

(a)  causes serious harm that is physical harm to a person; or

(b)  causes serious damage to property; or

(c)  causes a person’s death; or

(d)  endangers a person’s life, other than the life of the person taking the action; or

(e)  creates a serious risk to the health or safety of the public or a section of the public; or

(f)  seriously interferes with, seriously disrupts, or destroys, an electronic system including, but not limited to:

(i)  an information system; or

(ii)  a telecommunications system; or

(iii)  a financial system; or

(iv)  a system used for the delivery of essential government services; or

(v)  a system used for, or by, an essential public utility; or

(vi)       a system used for, or by, a transport system

Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.

Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on
(02) 9261 8881 and book your FREE first conference
with our criminal law specialists.

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