Gul, R v
There is no rule of international law requiring the UK courts to read down the definition of terrorism in s.1 of the Terrorism Act 2000 to exclude attacks by insurgents on military forces in non-international armed conflict; the statutory definition is clear and applies. Jury irregularity did not affect the fairness or safety of the conviction.
- Parties
- Respondent: Regina; Appellant: Mohammed Gul
- Jurisdiction
- England and Wales
- Judgment Date
- 22 February 2012
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Definition of Terrorism, Combatant Immunity, Jury Directions, International Humanitarian Law, Customary International Law, Terrorism and Armed Conflict
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Respondent
Mohammed Gul
Appellant
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether attacks by insurgents on military forces in non-international armed conflict constitute terrorism under s.1 Terrorism Act 2000
- 2 Whether international law requires reading down the definition of terrorism in the UK statute
- 3 Whether jury irregularity rendered the conviction unsafe
Ratio Decidendi
There is no rule of international law requiring the UK courts to read down the definition of terrorism in s.1 of the Terrorism Act 2000 to exclude attacks by insurgents on military forces in non-international armed conflict; the statutory definition is clear and applies. Jury irregularity did not affect the fairness or safety of the conviction.
Court Disposition
appeal dismissed
Orders
- Leave to appeal on the main ground granted but appeal dismissed.
- Leave to appeal on jury irregularity ground refused.
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