At Chidiac & Associates, we provide experienced criminal defence representation in serious Commonwealth criminal matters, including terrorism-related allegations, throughout Sydney and New South Wales.

What is Engaging in a Terrorist Act?

The principal offence is contained in s 101.1 of the Criminal Code Act 1995 (Cth).

A terrorist act involves an action or threat of action that meets the statutory definition and is intended to advance a political, religious or ideological cause, while also satisfying the other requirements of the legislation, including the required intention concerning serious physical harm, death, serious property damage or other specified consequences.

The legislation distinguishes a terrorist act from ordinary criminal conduct. The Prosecution must establish the specific statutory requirements before conduct can constitute a terrorist act.

Elements of the Offence

To prove an offence under s 101.1, the Prosecution must establish the relevant elements beyond reasonable doubt.

1. The Accused Engaged in Conduct Constituting a Terrorist Act

The Prosecution must establish that the accused engaged in conduct falling within the statutory definition of a terrorist act.

2. The Required Intention

The Prosecution must establish the relevant intention required by the statutory definition, including the intention to advance a political, religious or ideological cause.

The accused's state of mind and the circumstances surrounding the alleged conduct can therefore be critical.

3. The Statutory Consequences or Risks

The conduct must also involve one of the serious consequences or risks specified by the legislation, such as causing death, serious physical harm or serious property damage, or otherwise creating the relevant serious danger contemplated by the definition.

The precise application of these requirements depends upon the facts of the alleged offence.

What is the Maximum Penalty?

Under s 101.1 of the Criminal Code Act 1995 (Cth):

Maximum penalty: Life imprisonment

This is the maximum available penalty. It does not mean that every person convicted will receive life imprisonment. The sentence imposed will depend upon the circumstances and seriousness of the offending.

Related Terrorism Offences

Terrorism legislation contains a number of separate offences concerning conduct occurring before or in connection with a terrorist act.

These include:

• s 101.2 - Providing or receiving training connected with terrorist acts;
• s 101.4 - Possessing things connected with terrorist acts;
• s 101.5 - Collecting or making documents likely to facilitate terrorist acts;
• s 101.6 - Other acts done in preparation for, or planning, terrorist acts;
• s 102.2 - Directing the activities of a terrorist organisation;
• s 102.3 - Membership of a terrorist organisation;
• s 102.4 - Recruiting for a terrorist organisation;
• s 102.5 - Training involving a terrorist organisation;
• s 102.6 - Getting funds to, from or for a terrorist organisation; and
• s 102.7 - Providing support to a terrorist organisation.

These are separate offences with different elements and maximum penalties.

Can I Defend a Terrorism Charge?

Being charged with a terrorism offence does not mean that you are guilty. The Prosecution bears the burden of proving the relevant elements beyond reasonable doubt.

Depending upon the circumstances, issues may include:

• whether the accused engaged in the alleged conduct;
• whether the conduct satisfies the statutory definition of a terrorist act;
• whether the Prosecution can establish the required intention;
• whether the alleged conduct was capable of producing the required consequences;
• whether the accused had the requisite knowledge or state of mind;
• whether the evidence reliably connects the accused to the alleged conduct; and
• whether the Prosecution evidence is sufficient to establish every element of the offence.

Terrorism Prosecutions can involve highly complex factual, evidentiary and legal issues requiring detailed analysis.

Evidence in Terrorism Matters

Investigations may involve extensive evidence, including:

• electronic devices and computer forensic material;
• telecommunications records;
• online communications;
• financial records;
• CCTV;
• witness evidence;
• surveillance material;
• photographs and videos;
• travel records; and
• other intelligence or investigative material.

The Prosecution case must be carefully examined to determine what evidence is admissible and whether it establishes the elements of the particular offence charged.

Sentencing for Engaging in Terrorism

If convicted, sentencing will depend upon the circumstances of the offence and the offender.

The Court may consider matters including:

• the nature and seriousness of the terrorist act;
• the level of planning and preparation;
• the harm caused or intended;
• the offender's role and level of involvement;
• the motivation for the offending;
• whether weapons or other dangerous items were involved;
• whether other people were involved;
• the offender's criminal history;
• personal circumstances;
• remorse and prospects of rehabilitation; and
• whether a guilty plea was entered.

Given the maximum penalty of life imprisonment, terrorism sentencing requires highly specialised legal representation.

How We Can Help

At Chidiac & Associates, we provide:

• confidential advice concerning terrorism allegations;
• detailed analysis of the applicable Commonwealth legislation;
• examination of complex Prosecution evidence;
• assessment of the accused person's state of mind;
• advice concerning potential defences;
• representation in serious Commonwealth criminal proceedings;
• preparation for defended hearings and trials; and
• sentencing advice and representation where appropriate.

Our approach is built on thorough preparation, careful analysis and strong advocacy.