2003
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Zeky Mallah
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The first person charged under the 2002 legislation. He was acquitted in April 2005 of two charges of preparing for a terrorist act, when a jury found he had not planned to shoot dead ASIO and Foreign Affairs officers in a suicide mission. He pleaded guilty to threatening to kill a Commonwealth officer and was jailed for 2 1/2 years. R v Mallah [2005] NSWSC 317 ; [2005] NSWSC 358
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2004
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Joseph Thomas ("Jihad" Jack Thomas)
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Was found guilty of intentionally receiving funds from al-Qaeda and holding a false passport. The first person convicted under terrorism funding legislation. Sentenced to a maximum of 5 years jail with a minimum of 2 years. Sentence overturned on appeal; confession not freely given- R v Thomas [2006] VSCA 165. On 28/8/06 was subject to the first control order. High Court challenge to the control order: Thomas v Mowbray & Ors, preliminary hearing 2/10/06, 19/10/06, 31/10/06; main hearing 5/12/06, 6/12/06, 20/2/07, 21/2/07. Decision upholding control order, 2/8/07. Retrial of original charges ordered by the Vic Court of Appeal [2008] VSCA 107. Found guilty (23/10/08) of possessing a false passport but not of receiving funds from al-Qaeda
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2004
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Jack Roche
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Found guilty of conspiring to blow up the Israeli embassy. Jailed for 9 years. R v Roche [2005] WASCA 4. Note that the conviction was under pre-2002 legislation (Crimes Act s.86, as at 2000) and not under terrorism legislation.
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2006
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Faheem Khalid Lodhi
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First person to be convicted of preparing for a terrorist act. Also found guilty on 2 other charges. Sentenced on 23/8/06 to 20 years jail, with 15 year non-parole period. R v Lodhi [2006] NSWSC 691. Several related NSW Supreme Court cases 2005+ - see AustLII. Appeal dismissed 20/12/07. Further appeal to the High Court refused 13/6/08 [2008] HCATrans 225
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2006
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Belal Khazaal
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Charged with inciting terrorism by producing a book on how to wage a jihad. Found guilty by NSW Supreme Court jury in September 2008. Sentenced to12 years imprisonment.
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2006
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Izhar ul-Haque
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Charged with training with a terrorist organisation. NSW pre-trial hearings 27/5/2004 hearing & decision, 8/2/06, 9/8/06, High Court hearing re constitutionality of legislation 6/7/06 and 4/8/06, and again on 9/2/07. Charge dropped 12/11/07 after trial judge criticises conduct of ASIO officers 5/11/07. IGIS report
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2006
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Abdul Nacer Benbrika
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Arrested along with 21 others (11 in Victoria & 9 in NSW). Charged with being a leader of a terrorist cell. Trial before Victorian Supreme Court February-September 2008. Some related decisions on AustLII eg [2007] VSC 261. Found guilty by a jury 15 Sept 2008. Judge's sentencing remarks. Of the 9 arrested in Sydney 4 pleaded guilty to lesser charges, while 5 were found guilty of conspiracy & sentenced to a maximum of 23 to 28 years imprisonment on 15/2/10 . Some convictions and sentences were overturned by the Victorian Court of Appeal, 25/10/10.
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2006
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John Howard Amundsen
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Charged with using false documents to obtain explosives, preparing to commit an act of terrorism, using telecommunications to make a threat and a hoax threat, possessing a foreign passport without reasonable excuse, and making counterfeit money or counterfeit securities. Terrorism charges dropped, February 2007.
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2007
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First non-Muslim related terrorist charges
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Three Melbourne men (Aruran Vinayagamoorthy, Arumungan Rajeevan and Sivarajah Yathavan) charged with supporting the Liberation Tigers of Tamil Eelam (LTTE or Tamil Tigers) in Sri Lanka. AFP press release, 1/5/07. Victorian Supreme Court bail application, 17/7/07. Trial 24/12/2009. Sentencing hearing 2-5 February 2010. Given suspended sentences, 31 March 2010 [2010] VSC 148.
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Mentions of terrorism trials in Australia or involving Australians from 2010 may be available in The Australian newspaper
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