The sword pictured in an evidence bag being removed from a Marsfield home as part of last month’s anti-terrorism raids was plastic. It is decorative, not deadly. The reaction on social media has been one of bemusement. The assumption, which I suspect is true, is that the sword was taken in error. But Australian law is broad enough to potentially criminalise the possession of a plastic sword. There are at least two relevant provisions. S. 101.2 concerns providing or receiving training connected with terrorist acts. Under subsection (1), a person commits an offence if: (a) the person provides or receives training; and (b) the training 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). Penalty: Imprisonment for 25 years. Could a plastic sword be useful in the process of training someone in preparation for the engagement of a terrorist act? To secure a conviction, the possession of the plastic sword would be insufficient. The prosecution would need to demonstrate that someone was providing or receiving training. The sword on its own would not be enough. But s.101.2 is not the end of the matter. Under s.101.4 (1) of the Criminal Code, 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). Penalty: Imprisonment for 15 years. If it could be demonstrated in a court of law that a plastic sword was connected with preparation for the engagement of a person in a terrorist act then possession of that sword – plastic or otherwise – would be enough to secure a 15 year sentence. Read More: theguardian/commentisfree/2014/oct/09/plastic-swords-couldnt-behead-anyone-but-could-possession-be-a
Posted on: Thu, 09 Oct 2014 00:35:01 +0000
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