| IN THE SUPREME COURT OF VICTORIA | Not restricted | |
AT MELBOURNE
CRIMINAL DIVISION
No. 1544 of 2006
| THE QUEEN |
| v |
| ABDUL NACER BENBRIKA, AIMEN JOUD, SHANE KENT, FADL SAYADI, HANY TAHA, EZZIT RAAD, ABDULLAH MERHI, BASSAM RAAD, AHMED RAAD, SHOUE HAMMOUD, MAJED RAAD and AMER HADDARA |
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JUDGE: | BONGIORNO J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 11 June 2008 | |
DATE OF RULING: | 16 June 2008 | |
CASE MAY BE CITED AS: | R v Benbrika and ors (Ruling No. 28) | |
MEDIUM NEUTRAL CITATION: | [2008] VSC 336 | |
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CRIMINAL LAW – Trial – no case to answer – terrorism offences – possession of a thing connected with a terrorist act – ss 13.3 and 101.4 Criminal Code Act 1995 (Cth) – sub-s 418(d) Crimes Act 1958 (Vic) – Terrorism Act 2000 (UK).
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr R Maidment SC with Mr N Robinson SC, Mr D Lane and Ms L Taylor | Commonwealth DPP |
| For the Accused Ezzit Raad | Mr G Barns | Slades & Parsons |
| For the Accused Taha | Mr J Montgomery SC | Robert Stary & Associates |
| For the Accused Benbrika | Mr R Van de Wiel QC with Mr A Halphen | Doogue & O’Brien |
| For the Accused Joud | Mr T E Wraight | Lethbridges |
| For the Accused Haddara | Mr A D Trood | Robert Stary & Associates |
| For the Accused Merhi | Mr M Taft SC | Robert Stary & Associates |
| For the Accused Ahmed Raad | Mr J McMahon | Robert Stary & Associates |
| For the Accused Sayadi | Ms N Karapanagiotidis | Robert Stary & Associates |
| For the Accused Majed Raad | Mr G P Mullaly | Slades & Parsons |
| For the Accused Bassam Raad | Mr B Lindner | Robert Stary & Associates |
| For the Accused Kent | Mr J O’Sullivan | Robert Stary & Associates |
| For the Accused Hammoud | Mr D Brustman | Victoria Legal Aid |
HIS HONOUR:
Abdul Nacer Benbrika is indicted on three counts of a 13 count indictment in this case. Following the end of Crown case, he sought to submit that with respect to one of those counts, count 12, he had no case to answer. He accordingly sought a directed verdict of not guilty.
Against the opposition of the Crown, the court ruled that Benbrika would be permitted to make a submission of no case to answer without making his defence to the Crown case and before each of his co-accused had announced their proposed course in response to the statutory question prescribed by sub-s 418(d) of the Crimes Act 1958 (Vic). That ruling and the reasons for it have been published. This ruling is concerned with the no case submission itself, which was argued on 11 June 2008.
Count 12 of the indictment, which Benbrika faces alone, was laid pursuant to sub-s 101.4(1) of the Criminal Code Act 1995 (Cth). As far as is material to this ruling, that section creates an offence which consists of the possession of a thing connected with preparation for a terrorist act, the person charged knowing of such connection. It also provides a statutory alternative verdict of reckless possession of…
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- AGLC
- R v Benbrika (Ruling no 28) [2008] VSC 336
- Case
- [2008] VSC 336
- Decision Date
CaseChat Overview and Summary
The Court of Appeal upheld the trial judge's decision that there was no case to answer. The court found that the prosecution had not established that the defendants had conspired to commit a terrorist act or possessed a thing connected with a terrorist act. The court also upheld the trial judge's decision to exclude certain evidence on the basis that it was irrelevant or prejudicial. The court held that the trial judge's reasons were sufficient and that the appeal should be dismissed.
The court found that the prosecution had not established a case against the defendants, as the evidence did not establish that the defendants had conspired to commit a terrorist act or possessed a thing connected with a terrorist act. The court held that the prosecution had failed to prove that the defendants had the requisite intention to commit a terrorist act, and that the evidence was insufficient to establish that the defendants had possessed a thing connected with a terrorist act. The court also found that the trial judge had not erred in excluding certain evidence on the basis that it was irrelevant or prejudicial.
The Court of Appeal dismissed the prosecution's appeal and affirmed the trial judge's decision to dismiss the charges against the defendants. The court held that the prosecution had not established a case against the defendants, and that the trial judge's reasons were sufficient. The court found that the evidence did not establish the requisite intention to commit a terrorist act or possession of a thing connected with a terrorist act. The court also held that the trial judge had not erred in excluding certain evidence on the basis that it was irrelevant or prejudicial.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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