EVIDENCE — terrorism trial — preliminary issues — where the accused seeks to rely on psychiatric evidence for dual purposes — whether s 7.3(6) of the Criminal Code Act 1995 (Cth) limits the use of psychiatric evidence to the mental impairment defence only — whether the refences to ‘intention’ in the definition of a ‘terrorist act’ in the Criminal Code Act 1995 (Cth) are fault elements of the relevant offences
EVIDENCE — terrorism trial — preliminary issues — where the psychiatric evidence suggests the accused did not have the ‘intentions’ within the definition of a ‘terrorist act’ under the Criminal Code Act 1995 (Cth) — where the Crown contends the evidence is not relevant as the ‘intentions’ are to be proved by the objective character or manifest purpose of conduct — where the Crown contends that subjective evidence is not relevant — whether the subjective evidence is relevant
Quick Take
1The references to 'intention' in paragraphs (b) and (c) of the definition of 'terrorist act' in s 100.1(1) of the Criminal Code Act 1995 (Cth) require proof of subjective intention, not an objective assessment of the character or manifest purpose of conduct; had Parliament intended an objective test, it could have adopted language invoking a reasonable person standard.
2Where the Crown particularises its case on the basis that the accused is the person who contemplated and attempted the terrorist act, the Crown must prove that the accused personally held the intentions described in paragraphs (b) and (c) of the definition, and psychiatric evidence bearing on those subjective intentions is relevant and admissible beyond the mental impairment defence.
3Section 7.3(6) of the Criminal Code Act 1995 (Cth) precludes reliance on mental impairment evidence only to deny voluntariness or the existence of a fault element; it does not preclude such evidence being used to challenge physical elements — including the circumstance elements constituted by the 'intentions' in the definition of 'terrorist act' — which are not fault elements.
Case Details
Citation[2026] NSWSC 974
CourtNSWSC
JurisdictionNew South Wales
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