Terrorism Offences – Caselaw

R v Benbrika & Ors [2009] VSC 21
Sentencing terrorism offences

R v Thomas (No 4) [2008] VSCA 107
Whether matters known to Australian Security Intelligence Organisation known to or capable of being ascertained by Australian Federal Police/Director of Public Prosecutions

R v Benbrika & Ors (Ruling No 29) [2008] VSC 337
Trial – terrorism offences – intention – alternative fault element of recklessness

R v Benbrika & Ors (Ruling No 12) [2007] VSC 524
Trial – Terrorism offences – Security issues in Court – Responsibility and authority of trial judge – Dock restricted by perspex screen – Prison officers in Court – Presumption of innocence – Fair trial

R v Benbrika & Ors (Ruling No 23) [2008] VSC 137
Trial – identity of witnesses – right to confront one’s accusers – Australian Security Intelligence Organisation personnel – evidence given remotely via video link – pixelation of facial features to preserve anonymity

R v Benbrika & Ors [2008] VSC 80
Stay of trial; Conditions of incarceration and transportation of accused

Raad v DPP [2007] VSC 330
Bail

Faheem Khalid Lodhi v Regina [2007] NSWCCA 360
Doing an act in preparation for a terrorist act; Sentencing

R v Ul-Haque [2007] NSWSC 1251
Admissibility of interviews

Vinayagamoorthy & Anor v DPP (C’th) [2007] VSC 265
Bail

Hammoud v DPP [2006] VSC 516
Bail

Regina v Khazaal [2006] NSWSC 1353
Duty of practitioners in relation to national security information; Injunction to restrain lawyers from acting

Regina v Lodhi [2006] NSWSC 691
Doing an act in preparation for a terrorist act; Sentencing  

Lohdi v Regina [2006] NSWCCA 101
Closure of the court; the Court is given a discretion; Requiring a balancing and weighing exercise; Referral to ASIO officers by pseudonym; Transcripts; Screening of ASIO witnesses from public view;

Regina v Lodhi [2006] NSWSC 638
Require witness to give evidence?

Regina v Lodhi [2006] NSWSC 667
Terrorist act; Intention of advancing a political, religious or ideological cause

Regina v Lodhi [2006] NSWSC 666
Taking evidence abroad; video link

Faheem Khalid Lodhi v Regina [2006] NSWCCA 121
Crown is not required to specify the terrorist act for which preparation was made

Ul-Haque v Regina [2006] NSWCCA 241
Constitutional power to proscribe killing in foreign territory; Crown not required to particularise the terrorist act