G v R [2008] EWCA Crim 922 (29 April 2008)

G v R [2008] EWCA Crim 922 (29 April 2008)

The defence of reasonable excuse under section 58(3) of the Terrorism Act 2000 is not limited to lawful or normatively benign purposes; possession or collection of material for a purpose other than assisting terrorism, including disruptive or criminal motives caused by mental illness, is capable of amounting to a reasonable excuse. The precedent in R v. K is binding and applies to this case.

Citation
[2008] EWCA Crim 922
Parties
Appellant: G; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
29 April 2008
Procedural Posture
Criminal Appeal / Appeal From Preparatory Hearing Ruling
Outcome
Appeal allowed
Legal Topics
Reasonable Excuse Defence, Mental Illness as Defence, Interpretation of Terrorism Act 2000 S.58, Binding Precedent
Criminal Law Terrorism Law Reasonable Excuse Defence Mental Illness as Defence Interpretation of Terrorism Act 2000 S.58 Binding Precedent

Case Brief

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Parties

G

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal From Preparatory Hearing Ruling

Legal Issues

  1. 1 Whether mental illness is capable in law of constituting a reasonable excuse under section 58(3) of the Terrorism Act 2000
  2. 2 Whether possession or collection of terrorist-related material for a non-terrorist purpose is a reasonable excuse

Ratio Decidendi

The defence of reasonable excuse under section 58(3) of the Terrorism Act 2000 is not limited to lawful or normatively benign purposes; possession or collection of material for a purpose other than assisting terrorism, including disruptive or criminal motives caused by mental illness, is capable of amounting to a reasonable excuse. The precedent in R v. K is binding and applies to this case.

Court Disposition

Appeal allowed

Orders

  • G's defence is capable of amounting to reasonable excuse under section 58(3) and section 118 of the Terrorism Act 2000; the issue is to be determined by the jury.