LAW4332 Chapter Notes - Chapter 11: Lucia Zedner, Precrime, Indictable Offence
Document Summary
11. 4. 1 consorting: since nsw vagrancy act 1835 (with reputed thieves or vagrants) which had a defence but was. In johanson v dixon 1979 the hc refused defendants argument that association with innocent and not unlawful; mason j noted that the legislative policy underlying to provision was also to avoid association that may tempt someone to become involved. In jan v fingleton 1983 recognised the harshness of the majority decision in johanson but concluded that whilst that is the law, it must be applied. Move-on powers were considered to have little/no effect, implying that they were not disorderly as move-on criteria would require. 11. 4. 2 terrorist organisations: pre-crime oriented legislation is growing in the last decade due to heightened sensitivity. 11. 4. 2. 1 membership of a terrorist organisation: security legislation amendment (terrorism) act 2002 (cth) added to criminal code (cth) s102. 3 supplemented already by offences for terrorist activities and aiding them summary but this offence in 102. 3 considerably broadens scope.
