Written by
Peter Maley
Director - Criminal Lawyer
Law Information - Commonwealth Offences - Federal
Recruiting For A Terrorist Organisation
Date: 09/01/2009
The Law -
Sections 102.3 of the Commonwealth Criminal Code states:
(1) A person commits an offence if:
(a) The person intentionally recruits a person to join, or participate in the activities of an organisation; and
(b) The organisation is a terrorist organisation; and
(c) The first- mentioned person knows the organisation is a terrorist organisation.
(2) A person commits an offence if:
(a) The person intentionally recruits a person to join, or participate in the activities of an organisation; and
(b) The organisation is a terrorist organisation; and
The first- mentioned person is reckless as to whether the organisation is a terrorist organisation
Maximum Penalty - Recruiting For A Terrorist Organisation
The Maximum penalty for the offence of Recruiting for a Terrorist Organisation is
Section (1) 25 years imprisonment
Section (2) 15 years
What the prosecution must prove - Recruiting For A Terrorist Organisation
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.
Section (1)
(a) The person intentionally recruited a person to join, or participate in the activities of an organisation; and
(b) The organisation is a terrorist organisation; and
(c) The first- mentioned person knows the organisation is a terrorist organisation.
Section (2)
(a) The person intentionally recruited a person to join, or participate in the activities of an organisation; and
(b) The organisation is a terrorist organisation; and
(c) The first- mentioned person was reckless as to whether the organisation is a terrorist organisation.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.
Possible Defences - Recruiting For A Terrorist Organisation
Possible defences to this offence include but are not limited to
Section (1)
1. The accused did not intentionally recruit a person to join, or participate in the activities of an organisation.
2. The organisation is not a terrorist organisation
3. The accused did not know the organisation was a terrorist organisation.
4. Identification i.e. it was not the accused.
Section (2)
1. The accused did not intentionally recruit a person to join, or participate in the activities of an organisation.
2. The organisation is not a terrorist organisation
3. The accused did not know the organisation was a terrorist organisation.
4. Identification i.e. it was not the accused.
5. The accused was not reckless as to whether the organisation was a terrorist organisation.
The Court process - Recruiting For A Terrorist Organisation
This matter is Commonwealth Offence which means it is dealt with in the Supreme Court.
Criminal Law Article written by Bill Potts (a Queensland criminal defence lawyer who has knowledge in the Commonwealth Charge of Recruiting for a Terrorist Organisation matters)