Modern Australian
Men's Weekly

.

what the additional terrorism charge means for mosque attack trial

  • Written by Kris Gledhill, Professor of Law, Auckland University of Technology

A criminal trial for murder or manslaughter is the usual response to a criminal killing. Initially, the alleged perpetrator of the Christchurch mosque attacks, who The Conversation has chosen not to name, was charged with murder and attempted murder.

But last month New Zealand police announced a charge of carrying out a terrorist act had been added. This followed discussion between the police, the crown solicitor for Christchurch and Crown Law, the government’s in-house legal firm headed by the solicitor-general.

Read more: Charging the Christchurch mosque attacker with terrorism could be risky – but it's important

The offence of engaging in a terrorist act can only be prosecuted if the attorney-general consents, which explains why central government was involved. This is the first time an alleged terrorist faces trial in NZ.

Terrorism charge adds complexity

A terrorism act is criminal under section 6A of the Terrorism Suppression Act 2002. This law was introduced to implement New Zealand’s obligations under international treaties and decisions made by the United Nations, particularly in response to significant terrorist activity during recent decades.

In its original form, it created various terrorism-related offences, such as belonging to or supporting groups that committed terrorist acts, but did not make it criminal to carry out a terrorist act. This offence was added by the Terrorism Suppression Amendment Act 2007.

Criminal offences usually involve a criminal act and also a criminal state of mind. The mass shooting is the basis for the allegation of a terrorist act. For the necessary criminal mindset, two things are required: an intention to induce terror, and a purpose of advancing an ideology or political or religious cause.

This is more complex than the original murder and attempted murder charges. While the criminal act is essentially the same, the mindset question is different. In murder and attempted murder charges, the question is whether there was an intention to kill, which is much narrower.

TV homicide dramas, particularly those from the USA, often have a focus on the motive or purpose of a defendant. But a motive is usually just a way of allowing the prosecutor to show the killing must have been deliberate. In a terrorism charge, it becomes central.

Read more: Establishing fitness to stand trial as the first step in Christchurch attack court process

Risk of grandstanding

The additional terrorism charge does not add to the maximum sentence available. It is life imprisonment for murder and for engaging in a terrorist act. The Sentencing Act 2002 requires a life sentence for murder unless exceptional circumstances make that manifestly unjust.

A life sentence is usually a sentence with two parts, one being a minimum that has to be served for punishment and a second based on the risk of further offending. In short, the person remains in prison for at least the punishment period and thereafter until the Parole Board thinks they are safe to be released. This can be never.

For a murder conviction, the minimum term must be at least 17 years if it was a murder committed as part of a terrorist act. The same applies if there are two or more murder charges. The punishment period may also be the rest of the life of the accused person, meaning that release is never considered. Multiple murders in a terrorist context will be an obvious candidate for such a sentence.

What, then, are the justifications from a prosecution perspective for adding the terrorism charge? The thought pattern is likely to have been along the lines of simply being accurate about what the prosecution thinks the evidence shows.

There is a solid democratic basis for this in that parliament has decided that it is appropriate to criminalise a terrorist act, including when it involves murder. Prosecutors should therefore look to identify and prosecute a case that fits the description set out in the statute.

What of the risks? First, it will likely extend the length of the trial, without adding to the sentencing options. Second, by requiring proof of motive and ideology, there is a risk of providing a platform for grandstanding.

The issues in relation to murder and attempted murder are very focused and the judge can control any efforts to go beyond them. The same should apply to the terrorism charge. There is no defence that the ideology was justified. Nevertheless, having to prove the motivation will inevitably mean the exposure of hateful ideas.

Authors: Kris Gledhill, Professor of Law, Auckland University of Technology

Read more http://theconversation.com/explainer-what-the-additional-terrorism-charge-means-for-mosque-attack-trial-117815

WooCommerce Website Designer: Building High-Performance Online Stores That Drive Sales

A WooCommerce website designer plays a crucial role in helping businesses create high-performing, visually appealing, and conversion-focused online...

The Importance of Dogging Courses in Australia: How to Get Your Dogman Ticket

In Australia’s construction, mining, and industrial sectors, safety and technical competence are essential for any worker handling heavy loads and l...

Beyond the Hype: Why Breitling Speaks to the Modern Watch Collector

There’s a point every collector reaches when the chase for the latest release gives way to a deeper appreciation for quality. The thrill of new mode...

Elevate your Perth workspace: Sleek tech with managed IT Services

In today's fast-paced business environment, having a reliable and efficient IT infrastructure is no longer a luxury, it's a necessity. For businesse...

7 Ways a Luxury Australian Cruise Transforms Your Travel Expectations

Dreaming of your next holiday? Forget the crowded tourist traps and consider something truly special: a luxury australian cruise. More than just a ...

How Polycarbonate Became the Backbone of Modern Australian Design

The design landscape in Australia has been audacious, innovative and climate-conscious at all times. Design in this area is all about striking a balan...

Affordable Invisalign in Bangkok Why Australians Are Choosing Thailand

More Australians are investing in Invisalign to straighten their teeth, but the treatment in Australia can cost thousands of dollars and often takes m...

Designing a Tranquil Oasis in Your Backyard

Nothing beats a warm summer evening spent in a gorgeous backyard. The backyard is the perfect space to unwind and spend some of the most magical momen...

How a Well-Designed Gym Can Improve Your Performance

Have you ever entered a gym that just feels off and couldn’t focus on your workout? Maybe it’s the layout that was weird, or the lack of natural l...

Wellness Checkups at Work: Key to Employee Happiness and Higher Output

Employee wellness programs are reshaping how companies think about productivity and satisfaction. When people feel healthy, they perform better, sta...

Experience the Elegance of Plantation Shutter Blinds: Enhance Your Décor Today

When it comes to elevating your home’s interior, few window treatments combine sophistication and practicality as effortlessly as plantation shutter...

Common Questions Women Are Afraid to Ask Their Gynaecologist (and Honest Answers)

Visiting your gynaecologist isn’t always easy. Even though reproductive and sexual health are essential parts of overall wellbeing, many women fee...

Designing Homes for Coastal Climates – How to Handle Salt, Humidity, and Strong Winds in Building Materials

Living by the ocean is a dream for many Australians, offering breathtaking views, refreshing sea breezes, and a relaxed lifestyle that’s hard to b...

This OT Week, Australia’s occupational therapists are done staying quiet

Occupational Therapy Week is typically a time to celebrate the difference occupational therapists make in people’s lives. But this year, many sa...

Melbourne EMDR Clinic Sees Growing Interest in Patients with Depression

Depression is a common mental health condition affecting around 1 in 7 Australians. It is typically diagnosed when an individual has experienced a p...

Proactive approaches to mental wellbeing

Life gets busy quickly. For many adults, each week is a constant mix of work commitments, raising kids, managing a household, settling bills, catching...

The Power of Giving Back: How Volunteering Shapes Your Mindset

To say the least, volunteering can maximally change the way you see the world. Period. When you step into someone else’s shoes, even for a few hours...

How to Level Up Your Workouts with Simple Home Equipment

Working out at home has reached the peak of its popularity. Whether you’re short on time or simply prefer the comfort of your own space, home traini...