High Court of Australia

The Queen v Khazaal [2012] HCA 26

246 CLR 601; 86 ALJR 884; 289 ALR 586

10 Aug 2012

Case Number: S344/2011

Before

French CJ, Gummow, Heydon, Crennan, Bell JJ

Catchwords

Criminal law – Terrorism – Collecting or making documents likely to facilitate terrorist acts – Jury misdirection – Respondent convicted of making document "connected with . . . assistance in a terrorist act", knowing of that connection, contrary to s 101. 5(1) of Criminal Code (Cth) ("Code") – Trial judge directed jury that words "connected with . . . assistance in a terrorist act" had no special or technical meaning – Whether trial judge misdirected jury.

Criminal law – Terrorism – Collecting or making documents likely to facilitate terrorist acts – Exception to liability – Evidential burden – Section 101. 5(5) of Code created exception to liability under s 101. 5(1) if making of document "not intended to facilitate . . . assistance in a terrorist act" – Respondent bore evidential burden under s 101. 5(5), as defined in s 13. 3(6) – Whether evidence at trial suggested reasonable possibility that making of document by respondent not intended to facilitate assistance in a terrorist act.

Words and phrases – "connected with", "evidential burden".

Criminal Code (Cth) – ss 13. 3, 101. 5.
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