G v R

The defence of reasonable excuse under section 58(3) of the Terrorism Act 2000 is satisfied by any explanation that the information was possessed for a purpose other than assisting terrorism, including disruptive or criminal purposes, and mental illness is capable of constituting such a reasonable excuse. The decision in R v. K is binding and correctly interprets section 58.

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: Terrorism Offences, Reasonable Excuse Defence, Mental Illness as Defence, Statutory Interpretation

Criminal Law Anti Terrorism Law Terrorism Offences Reasonable Excuse Defence Mental Illness as Defence Statutory Interpretation

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Parties

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal From Preparatory Hearing Ruling

Legal Issues

1 Whether mental illness is capable in law of constituting a reasonable excuse under section 58(3) of the Terrorism Act 2000
2 Whether the purpose of winding up prison staff is a reasonable excuse for collecting information likely to be useful to a terrorist
3 Whether the decision in R v. K is binding and correctly interprets section 58

Ratio Decidendi

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 will be determined by the jury