R v Lelikan (No 3) [2019] NSWSC 90

Supreme Court New South Wales

Medium Neutral Citation: R v Lelikan (No 3) [2019] NSWSC 90 Hearing dates: 26 October 2018 Date of orders: 29 October 2018 Decision date: 15 February 2019 Jurisdiction: Common Law Before: McCallum J Decision: Publication of reasons for ruling given during criminal trial as to the directions to be given to the jury concerning the elements of the offence of engaging in a hostile activity in a foreign State Catchwords: CRIME – terrorism offences – foreign fighting – offence of engaging in a hostile activity in a foreign State – elements of the offence – consideration of directions to be given to the jury – physical element – requirement that there be some realistic potential connection between the act alleged and the objective allegedly intended to be achieved – fault element – meaning of the phrase "armed hostilities" Legislation Cited: Crimes (Foreign Incursions and Recruitment) Act 1978 (Cth), ss 6(1)(a), 6(1)(b), 6(2)(a), 6(3), 6(3)(aa), 7 Criminal Code Act 1995 (Cth), Schedule ss 117.1(1), 119.4 Cases Cited: Alqudsi v Commonwealth of Australia; Alqudsi v R [2015] NSWCA 351; (2015) 91 NSWLR 92 R v Cerantonio [2017] VSC 725 R v Mohamed (No 1) [2015] VSC 290 Category: Procedural and other rulings Parties: Commonwealth Director of Public Prosecutions (Crown) Renas Lelikan (Accused) Representation: Counsel: P McGuire SC with R Ranken (Crown) P Boulten SC (Accused)

Solicitors: Commonwealth Director of Public Prosecutions (Crown) Younes + Espiner Lawyers (Accused) File Number(s): 2016/219466 Publication restriction: None (on 15 February 2019 the Crown indicated that it would not proceed further on the indictment against the accused)