Boutrab, R. v [2007] NICA 23 (28 June 2007)

Boutrab, R. v [2007] NICA 23 (28 June 2007)

The Court held that both sections 57 and 58 of the Terrorism Act 2000 can apply to the same facts and that the trial judge was entitled to convict under both. The evidence, including the contents of the discs and the missing capacitors from the cassette player, supported the finding that the appellant possessed the discs for a terrorist purpose and collected information likely to be useful to terrorists. The trial judge applied the correct legal tests, and the statutory defences were properly considered and rejected. The convictions were safe and satisfactory.

Citation
[2007] NICA 23
Parties
Prosecution: The Queen; Appellant/defendant: Abbas Boutrab (aka Yocef Djafari, aka Abbas Fawwaz, aka Brahmin Abaou)
Jurisdiction
Northern Ireland
Judgment Date
28 June 2007
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
appeal dismissed; convictions affirmed
Legal Topics
Possession of Articles for Terrorist Purposes, Collecting Information Likely to Be Useful to Terrorists, Interpretation of Terrorism Act 2000 Sections 57 and 58, Evidential Burden and Reasonable Excuse, Overlap of Statutory Offences
Criminal Law Counter Terrorism Law Possession of Articles for Terrorist Purposes Collecting Information Likely to Be Useful to Terrorists Interpretation of Terrorism Act 2000 Sections 57 and 58 Evidential Burden and Reasonable Excuse Overlap of Statutory Offences

Case Brief

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Parties

The Queen

Prosecution

Abbas Boutrab (aka Yocef Djafari, aka Abbas Fawwaz, aka Brahmin Abaou)

Appellant/defendant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether conviction under both sections 57(1) and 58(1)(a) of the Terrorism Act 2000 is permissible for the same facts
  2. 2 Whether the trial judge erred in finding terrorist purpose under section 57(1)
  3. 3 Whether the trial judge adopted the correct approach to section 58(1)(a) regarding intent and reasonable excuse

Ratio Decidendi

The Court held that both sections 57 and 58 of the Terrorism Act 2000 can apply to the same facts and that the trial judge was entitled to convict under both. The evidence, including the contents of the discs and the missing capacitors from the cassette player, supported the finding that the appellant possessed the discs for a terrorist purpose and collected information likely to be useful to terrorists. The trial judge applied the correct legal tests, and the statutory defences were properly considered and rejected. The convictions were safe and satisfactory.

Court Disposition

appeal dismissed; convictions affirmed