Zafar & Ors v R

Zafar & Ors v R

Section 57 of the Terrorism Act 2000 must be interpreted to require a direct connection between the article possessed and the commission, preparation, or instigation of an act of terrorism. The directions to the jury did not adequately convey this requirement, and the evidence did not clearly support such a direct...

Source-derived case information.

Parties
Appellant: Aitzaz Zafar; Appellant: Akbar Butt; Appellant: Awaab Iqbal; Appellant: Mohammed Raja; Appellant: Usman Malik; Respondent: R
Jurisdiction
England and Wales
Judgment Date
13 February 2008
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal allowed; convictions quashed
Legal Topics
Possession of Articles for Terrorist Purposes, Statutory Interpretation, Burden of Proof, Jury Directions
Criminal Law Counter Terrorism Possession of Articles for Terrorist Purposes Statutory Interpretation Burden of Proof Jury Directions

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Parties

Aitzaz Zafar

Appellant

Akbar Butt

Appellant

Awaab Iqbal

Appellant

Mohammed Raja

Appellant

Usman Malik

Appellant

R

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 What is the correct interpretation of section 57 of the Terrorism Act 2000 regarding possession of articles for a purpose connected with terrorism?
  2. 2 Was there sufficient evidence to leave the case to the jury under the correct interpretation of section 57?
  3. 3 Were the jury directions adequate and in accordance with the law as interpreted?

Ratio Decidendi

Section 57 of the Terrorism Act 2000 must be interpreted to require a direct connection between the article possessed and the commission, preparation, or instigation of an act of terrorism. The directions to the jury did not adequately convey this requirement, and the evidence did not clearly support such a direct connection. Therefore, the convictions were unsound and must be quashed.

Court Disposition

appeal allowed; convictions quashed

Orders

  • Convictions of all appellants quashed