Possessing things connected with terrorist acts

[At-Ta'if]

This is for our information/reference insha'Allah.

CRIMINAL CODE ACT 1995

Sections 101.4 of the Commonwealth Criminal Code states:

(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)

(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)

(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 fro, 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.

Section 15.4 states

If a law of the Commonwealth provides that this section applies to a particular offence, the offence applies:

(a) whether or not the conduct constituting the alleged offence occurs in Australia; and

(b) whether or not a result of the conduct constituting the alleged offence occurs in Australia.

--------------------------------------

What must the police prove?

beyond a reasonable doubt.

1. The accused possessed a thing; and

2. The thing is connected with the preparation for, the engagement of a person in, or assistance in a terrorist act; and

3. The person mentioned in paragraph 1. knows of the connection described in paragraph 2.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.

Available defences?

Possible defences to this offence include but are not limited to

1. The accused did not possess a thing; and

2. The accused possessed a thing but it was not intended to facilitate preparation for, the engagement of a person in, or assistance in a terrorist act.

3. The accused possessed a thing but did not know it was connected with the preparation for, the engagement of a person in, or assistance in a terrorist act.

Maximum penalty:


Section (1) 15 years imprisonment.

Section (2) 10 years imprisonment.

Section (6) states that: if the prosecution for an offence against 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 against another subsection of this section, the trier of fact may find the defendant not guilty of the prosecuted offence but guilty of an alternative offence, so long as the defendant has been accorded procedural fairness in relation to the finding of guilt.

[Abdraheim]

Ok ... Now dumb it down a little, pictures may help

[At-Ta'if]

Ok ... Now dumb it down a little, pictures may help

If you have a "thing" and you use it to engage, plan, or assist in a terrorist act, and you know it, clap your hands.

**clap clap**

hehe, no pics akhi

[El Muslima]

Eg; you have a book about jihad on your book shelf , is that illegal.

Eg; of title of book .... (not sure there is such a book) :

Jihad in the middle east. OR Essence of Jihad OR Importance of Jihad etc ....

[Abdraheim]

If you have a "thing" and you use it to engage, plan, or assist in a terrorist act, and you know it, clap your hands.

**clap clap**

hehe, no pics akhi

you just incriminated yourself!! in america that would be 86 years regardless of any actual evidence

[Abdraheim]

Eg; you have a book about jihad on your book shelf , is that illegal.

Eg; of title of book .... (not sure there is such a book) :

Jihad in the middle east. OR Essence of Jihad OR Importance of Jihad etc ....

only if it can be proven you are using that book to engage, plan or assist in a terrorist act and knowingly do so (15years? .....i guess unknowingly falls under reckless is 10 years).... now im sure what constitutes as engage/plan/assist and knowingly is lowered/broadened when applied to muslims

[waleed-]

Eg; you have a book about jihad on your book shelf , is that illegal.

Eg; of title of book .... (not sure there is such a book) :

Jihad in the middle east. OR Essence of Jihad OR Importance of Jihad etc ....

No there not illegal.

But in saying that, why would a reasonable person in australia need explosives, chemicals, and the like anyway.

[Abdraheim]

who knows what the future holds

[Ansari]

No there not illegal.

But in saying that, why would a reasonable person in australia need explosives, chemicals, and the like anyway.

To fight terrorists.. :S?

[At-Ta'if]

you just incriminated yourself!! in america that would be 86 years regardless of any actual evidence

Sing it to yourself in the tune of that kids song "If you're happy", it's well worth it!

[waleed-]

who knows what the future holds

Thats why they call it a gun license.

That way you can legallly go hunting for animals in the bush.

[falah]

A person commits an offence if:

(a) The person possesses a thing;

Australian justice?


A law that would make any oppressive dictatorship proud.

[Muslim..Priincess]

This 'thing' sounds funny. What if I possess Jihadi music?

[At-Ta'if]

This 'thing' sounds funny. What if I possess Jihadi music?

Jihadi music is considered a "thing" so it must be be coupled with an application. What exactly is considered an application is not defined, so it becomes a grey area.

When you think of it, there are countless rap songs that glorify violence and shooting people etc. People don't necessarily listen to those songs to learn how to shoot a projectile.

[falah]

What if someone has a Bible, and they read verses from the Bible that tell people to kill non-believers. Couldn't that make a Bible potentially a thing used in connection with a terrorist act?

[At-Ta'if]

What if someone has a Bible, and they read verses from the Bible that tell people to kill non-believers. Couldn't that make a Bible potentially a thing used in connection with a terrorist act?

Yes, literature can be considered a "thing" used in connection with a terrorist act.

In that case, context will be crucial. Once again, it depends on how you use the text.

For instance, some Muslims in England distributed pamphlets calling for a certain treatment of homosexuals. Reading those verses would not constitute inciting hatred but handing the pamphlets out at a public venue to the general public does. Their laws are not applicable to ours but it is a good example, albeit for a different offence.

In my next post, I'm going to give a recent example and you can come to your own conclusions insha'Allah.

[At-Ta'if]

Benbrika & Ors v The Queen [2010] VSCA 281 (25 October 2010) Also known as the 'Melbourne 13'.

I urge you all to read the text below as it will give you a better understanding insha'Allah. Brothers and sisters, these are all real examples and actual court transcripts, it's a reality that we have to live with. For those who have some time on their hands, read the whole case, it will broaden your understanding of how the system operates.

The offence of 'possessing a thing in connection with a terrorist act' has been put to the test in this case.

Below are some relevant excerpts from the case to demonstrate how the prosecution proved that some of the members used the 'Mansura' CD in connection with a terrorist act.

If you want to see what points were argued by the defence laywers, click on the link at the top and read the case.

________________________________

12 Material found on computers and compact discs (‘CDs’) seized from several of the accuseds’ premises included bomb-making manuals, combat literature and guides for those seeking to carry out acts of terrorism. Significant relevant titles found were: ‘Mansura’ (including ‘The Mujahid’s Handbook’), ‘The Terrorist’s Handbook’, ‘The White Resistance Manual’ and ‘The Vortex Cookbook’. There were also recordings of speeches by Osama bin Laden and other prominent jihadists.

18 According to the Crown case, it was apparent that the extremist motivational literature and videos had been used to energise, desensitise and otherwise motivate members of the organisation to commit terrorist acts, and that ‘How To’ guides and field craft manuals, including ‘The Mujahid’s Handbook’, ‘Car Bomb Recognition Guide’, ‘The Terrorist’s Handbook’ and ‘The White Resistance Manual’, had been used to instruct members on how to kill and maim with optimum effect and so cause ‘maximum damage’. Joud was found in possession of the ‘Manuals CD’ which contained bomb-making instructions (count 7). Both Joud and Benbrika were found in possession of copies of the ‘Mansura CD’ (counts 8 and 12).

What the Mansura CD contained

301 On appeal, the Crown said that the Mansura CD contained:

a vast library of articles and literature designed to inspire people to follow violent jihad, ... and a collection of violent images and videos of conflict, violence and executions designed to incite pursuit of violent jihad.

302 In fact, the Mansura CD contains an archive of documents, divided into six sections. The first two sections are theological in nature. They contain passages from the Koran and a detailed history of ‘the Last Prophet’. The third section, entitled ‘Zionism’, provides a number of videos and documents detailing who the ‘Freemasons/Zionists are, what they are about, and how to avoid them’.

303 The fourth section entitled ‘Jihad’, states in bold red type at the outset:

Jihad (holy fighting in Allah’s Cause) is ordained for you (Muslims) though you dislike it, and it may be that you dislike a thing which is good for you and that you like a thing which is bad for you. Allah knows but you do not know.
This section contains a number of documents setting out the duty of Muslims to partake in violent jihad against the kuffar. These documents include, for example, writings on fundamentalism and the Islamic stance on suicide bombings (supportive), and an article written by Osama bin Laden on the ‘lies of the Kuffar regarding Muslim youth and jihad’. There are also approximately 20 transcripts of interviews with various people including ‘Mujahid commanders’, and 13 documents on ‘History: Battles and People’. Finally, there are six documents under the heading ‘Poems and other good stuff’ which glorify war and stress the importance of martyrdom.

304 This section also includes a sub-section entitled ‘The Mujahid’s Handbook’. The preamble says:

This was taken originally from comprehensive US Army training and combat manuals. It’s a great resources [sic] for those of us travelling to the battlefield or for those wanting to learn more on the tricks and methods used by our enemies, so that we may defeat them.
‘The Mujahid’s Handbook’ is divided into four parts; ‘Effective Camouflage’, ‘Sniper Shooting’, ‘Combat Skills’, and ‘Survival Skills’. A large volume of material is contained within these chapters.

305 The fifth section contains seven documents relating to ‘Judgement Day’. These documents include ‘Minor Signs’ and ‘Major Signs’ which indicate when ‘Judgement Day’ is imminent. The vast majority of the signs relate to aspects of Western culture of which the Islamic faith does not approve. For example, they include the following references:

‘when women with children come displeased on account of them bearing offspring, and barren women remain happy on account of having no responsibility of offspring’;


‘people will indulge in homosexuality’; and

‘various wines will be consumed excessively’.

306 The sixth section, entitled ‘Media’, contains numerous videos depicting battles in Bosnia and Chechnya. There are also a number of beheading videos, and other videos extolling the virtues of various martyrs. There are a number of photographs of battlefields, in addition to a number of photographs of wounds inflicted on civilians by the kuffar. These photographs of wounded civilians were not shown to the jury because of their extremely graphic nature. The section ends with the following:

If you are a man, then get up, find some work, and save up money and then go for the battlefields. If you are a woman, then tell your brother or son to go forth. If you have young boys, or you are expecting, then raise your kids to be Lions of Allah, not some sheep that will become hypocrites, to be devoured by the materialistic Dunya [non-believers] when they grow up.
...

Jihad and the rifle alone. No talks, no negotiations.


The evidence relied on by the Crown

349 The evidence linking Benbrika to any use that might have been made of the Mansura CD in preparation for a terrorist act was essentially as follows. The Crown submitted that the fact that Benbrika was in possession of two copies of the Mansura CD supported an inference that he intended to make at least one copy available to others.

350 The surrounding evidence upon which the Crown relied to establish the relevant connection included a number of conversations between Benbrika and others where reference was said to have been made to the content of the Mansura CD in a positive and encouraging way.

351 For example, the Crown referred to conversation 215. That conversation took place on 3 January 2005, between Benbrika , Joud and Sayadi. During this conversation, Sayadi expressed concern about some material stored on Joud’s computer. There was some discussion between Joud and Sayadi as to whether it would be safer to store the material on a CD which they could hide. The conversation continues:

BB: What are you putting in the computer?

FS: No, no, it’s not me who puts, Sheikh. Have a look at what they put on it. Look at all that. We don’t need this in the computer of the Jama’ah look at all this

AJ: Survival, brother.

BB: What’s this

FS: Survival brother? You this is what you put for survival, brother?

AJ: It is

FS: Snipers and stuff like this you put it in it. Come on, man ...

...

AJ: You got worse things on your computer ...

BB: [inaudible]

FS: I know I know, brother. I know I know

AJ: Then why don’t you put em on disk

...

FS: ... I could say I picked it up through the Internet. Things things, brother

AJ: There’s nothing, brother, there’s nothing like this


352 The Crown also relied upon conversation 427. That conversation took place on 5 August 2005, between Benbrika and Majed Raad. During that conversation Benbrika showed Majed Raad certain material on a computer. They also discussed making copies of that material. In particular, Benbrika said, ‘gonna give every brother, every [inaudible] I’m gonna make him copy’.

353 It was the Crown’s contention that references throughout conversation 427, to titles such as ‘handbook’, ‘combat’, ‘sniper’, ‘camouflage’ and ‘survival’, allowed an inference to be drawn that Benbrika was showing Majed Raad the Mansura CD. As stated above, ‘The Mujahid’s Handbook’ contained on the Mansura CD is divided into four sub-sections: ‘Effective Camouflage’, ‘Sniper Shooting’, ‘Combat Skills’, and ‘Survival Skills’.

354 The transcript of the conversation reads as follows:

BB: ... Have a look.
MR: [Inaudible]

BB: Everything you need. For example Taliban. See Taliban now, you read this.

MR: Yeah.

BB: See imagine this just, just this one.

...

BB: ... they cover everything you ever need.

...

BB: It’s something you will never find, it’s something there that you read about the Moujahed.

MR: Praise is to Allah!

BB: Everything everything, you will not miss nothing.

MR: [Inaudible]

BB: Handbook, see got camouflage. Survival.

MR: Praise is to Allah.

BB: Combat. Sniper. Sniper, lesson for the sniper. [laughs] Everything. [Inaudible] everything.

[Sound of computer mouse]

BB: Except, adjusting the [inaudible]. Fifteen weeks.

MR: Praise is to Allah.

BB: Camouflage, it’s one of the basic rules of war. Combat, survival.

MR: [Inaudible].

BB: Something you’ll never find, it’s everything.

MR: Mm.

...

MR: Mm. It means the most beneficial for you.

BB: Yeah that’s right this is every Moujahed has to know.

MR: All of it?

BB: Everything you need, man. There’s plenty.

355 Later, while they appear to be copying the CD, the conversation continues:

MR: What should we do now? I mean, I mean, I mean do we study, do we do –
BB: [Inaudible]. Read this...

MR: Mmm.

BB: ... and [inaudible] you can. Read, read, on the computers is everything of this in English [inaudible], and the DVD player with that. [Inaudible] read it read it, anything you need. And [inaudible] it’s lessons and everything [inaudible]. You know, I mean don’t [inaudible] this, it’s zero for you, what do you do. Especially this. Try to get an MP3.

356 Later still, the conversation continues:

BB: But, do you understand? For example let, let’s see. Just an example. Here’s something that’s been gathered by the brothers, a letter.
MR: [Inaudible] Sheikh.

BB: [Inaudible] for example, he’s in prison and it’s in English for you you will never find it. See.

...

BB: [Inaudible]. But [inaudible] I mean [inaudible] to, to hide it just...

MR: Yeah. If they find this one that’s it.

BB: I mean.

MR: [Inaudible] This one, if they find it with anyone –

BB: [Inaudible]

MR: A lot. Straightaway, straightaway, straightaway, straightaway.

BB: Just watch yourself. I had forgotten it [inaudible].


357 As we have already indicated, his Honour’s misdirection as to the meaning of the phrase ‘is connected with’ means that, as against Benbrika , in relation to count 12, the trial miscarried. It was submitted that there should be a verdict of acquittal entered on that count. Contrary to that submission, we consider that there was ample evidence of Benbrika having possessed the Mansura CD, that the CD was itself ‘connected with’ preparation for a terrorist act, and that Benbrika knew of that connection. That evidence stems principally from the various recorded conversations to which we have referred, some of which we have set out above.

358 Accordingly, this is not a case in which it is appropriate to enter a verdict of acquittal. Rather, we will direct, in accordance with s 568(2) of the Crimes Act 1958 (Vic), that a new trial on count 12 be had. Whether or not such a trial eventuates will of course be a matter for the Commonwealth Director of Public Prosecutions.