The fault element of the offence of doing an act in preparation for, or planning, a terrorist act under s 101.6(1) of the Criminal Code (Cth) requires only intention to do the preparatory act, not intention that the terrorist act actually occur. A person may be convicted even if ambivalent about or opposed to the terrorist act occurring. The principle in Power v The Queen regarding s 60 of the Evidence Act extends beyond cases where an agreed summary of facts is adduced: where a charge is sufficiently particularised to convey a factual representation, a plea of guilty to that charge is not a 'bare plea' and is capable of engaging s 60 as a previous representation of fact.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
4 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.