Benbrika v The Queen; Raad v The Queen; Joud v The Queen

These appeals concerned the convictions of Benbrika, Raad, and Joud for various offences under the *Criminal Code* (Cth) relating to terrorism. The applicants sought to appeal their convictions and sentences imposed by the Supreme Court of Victoria, which were subsequently affirmed by the Court of Appeal of Victoria. The High Court of Australia was asked to determine whether the applicants' convictions were vitiated by errors of law.

The central legal issue before the High Court was whether the trial judge had erred in law by failing to direct the jury adequately on the concept of "association" as it related to the offence of being a member of a terrorist organisation under s 101.2 of the *Criminal Code*. Specifically, the applicants argued that the jury should have been instructed that membership required a more substantial or enduring connection to the organisation than mere association. Further, the court considered whether the trial judge’s directions on the elements of the offence of providing resources to a terrorist organisation under s 101.4 of the *Criminal Code* were sufficient.

The High Court held that the trial judge's directions on membership were inadequate. Their Honours reasoned that the offence of being a member of a terrorist organisation required proof of a connection that was more than transient or superficial, involving a degree of commitment or adherence to the organisation's purposes. The jury should have been directed that mere association, without more, did not constitute membership. Regarding the offence of providing resources, the court found that the directions given were sufficient, as they correctly conveyed the necessary elements of the offence.

Consequently, the High Court allowed the appeals in part. The convictions for being a member of a terrorist organisation were quashed, and the matters were remitted to the Supreme Court of Victoria for a retrial on those charges. The convictions and sentences for other offences were affirmed.