The Queen v Abdirahman-Khalif [2020] HCA 36

HIGH COURT OF AUSTRALIA

BELL, GAGELER, KEANE, NETTLE AND GORDON JJ

THE QUEEN APPELLANT

AND

ZAINAB ABDIRAHMAN-KHALIF RESPONDENT

The Queen v Abdirahman-Khalif [2020] HCA 36 Date of Hearing: 3 September 2020 Date of Judgment: 14 October 2020 A5/2020

ORDER

1. Appeal allowed.

2. Set aside the orders of the Full Court of the Supreme Court of South Australia made on 31 October 2019 and, in their place, order that the respondent's appeal against conviction be dismissed.

On appeal from the Supreme Court of South Australia

Representation

S M McNaughton SC with P J Doyle and C J Tran for the appellant (instructed by Director of Public Prosecutions (Cth))

M E Shaw QC with B J Doyle for the respondent (instructed by Caldicott Lawyers)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

The Queen v Abdirahman-Khalif

Criminal law (Cth) – Terrorism – Membership of terrorist organisation – Where respondent convicted of offence of intentionally being member of terrorist organisation contrary to s 102.3(1) of Criminal Code (Cth) – Where s 102.1 provided "member" of terrorist organisation includes person who has taken steps to become member of organisation – Where respondent detained attempting to travel to Turkey – Where respondent's seized electronic devices contained extremist material produced by and expressing support for Islamic State – Where respondent accessed websites containing practical advice for women travelling to Islamic State-controlled territory – Where expert evidence adduced at trial as to nature, aims and ideology of Islamic State – Where conviction quashed on appeal – Whether Crown required to adduce evidence of process by which Islamic State recruited, inducted and accepted members – Whether trial judge misdirected jury as to physical and mental elements of offence – Whether summing up unbalanced.