COURT OF APPEAL (CRIMINAL DIVISION)
ON APPEAL FROM WOOLWICH CROWN COURT
THE HON MR JUSTICE MACKAY
Strand, London, WC2A 2LL
B e f o r e :
MR JUSTICE FORBES
MR JUSTICE IRWIN
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Mr David Perry QC, Mr Nicholas Hilliard and Miss R Franton for the Prosecution
Hearing dates : 5th and 6th February 2007
Crown Copyright ©
President of the Queen's Bench Division :
The 2000 Act
"(1) In this Act "terrorism" means the use or threat of action where(a) the action falls within sub-section (2),(b) the use or threat is designed to influence the government or an international governmental organisation or to intimidate the public or a section of the public, and(c) the use or threat is made for the purpose of advancing a political, religious or ideological cause.
(2) Action falls within this sub-section if it(a) involves serious violence against a person(b) involves serious damage to property(c) endangers a person's life, other than that of the person committing the action,(d) creates a serious risk to the health or safety of the public or a section of the public, or(e) is designed seriously to interfere with or seriously to disrupt an electronic system.
(3) The use or threat of action falling within sub-section (2) which involves the use of firearms or explosives is terrorism whether or not sub-section (1)(b) is satisfied.
(4) In this section(a) "action" includes action outside the United Kingdom(b) a reference to any person or to property is a reference to any person, or to property, wherever situated,(c) a reference to the public includes a reference to the public of a country other than the United Kingdom(d) "the government" means the government of the United Kingdom, or a Part of the United Kingdom or of a country other than the United Kingdom."
(1) A person commits an offence if(a) he collects or makes a record of information likely to be useful to a person committing or preparing an act of terrorism, or(b) he possesses a document or record containing information of that kind…
(3) It is a defence for a person charged with an offence under this section to prove that he had a reasonable excuse for his action or possession…"
Section 118 deals expressly with a number of provisions providing expressly for defences of the kind identified in s58 (3). S118 (2) provides that where a defendant
"adduces evidence which is sufficient to raise an issue with respect to the matter the court or jury shall assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not".
The First Ground of Appeal
The second ground of appeal