Assignment on Transnational Crime PDF

Running head: TRANSNATIONAL CRIME
TRANSNATIONAL CRIME
Name of the Student
Name of the University
Author Note

TRANSNATIONAL CRIME1
Issue
The issue to be discussed in the present scenario is whether the 18 year old boy had been
rightfully charged with the planning of a terrorist act on Anzac Day.
Relevant Law
An offence under Article 3, section 2 is considered to be transnational in nature if the
offence has been committed in more than one State or if the offence has been committed in a
state and a substantial part relating to its preparation or planning or direction along with control
takes place in any other state. It can also be considered to be a transnational crime if the crime or
the offence has been committed in a state but involves some kind of an organized criminal group
that engrosses or participates in criminal activities in more than one state. It would be considered
to be a transnational crime if the offence has been committed in one state but would be
considered to have substantial effects in some other state or another state.
There has not been any exact definition relating to the word terrorism and the several
legal systems along with the government agencies are considered to use separate definitions as
the government are considered to be reluctant to create or formulate any agreed-upon definition
which would be binding. The challenges are considered to arise from certain facts as such term is
charged politically as well as economically. The general definition is considered to be the act
which causes and uses violence or threat and such is in pursuit of the various political, religious
as well as ideological objectives. These are acts which have been committed by non-state actors.
And they do so by creating immediate target victims.
Under the national security context if anyone is considered to commit an urging violence
offence then they would have to intentionally urge some other person or individual or any other

TRANSNATIONAL CRIME2
person or group to use force or any other violence. Such force would be used to overthrow the
government, the Constitution, or any lawful authority. It would also be against a group or any of
the members relating to a group, which have been separate or distinguished by race or religion,
nationality, ethnic or national origin, or any other political opinion. There can also be a defense
against an urging violence offence if the particular action is considered to be done in good faith.
Under the Criminal Code Act 1995, it is considered to be illegal to urge any kind of violence
under the Division 80.
Advocating terrorism is also considered to be an offence because it is a way of
counseling, promoting, or encouraging the doing of a certain terrorist activity where the
individual is considered to intentionally engage in the conduct which would be reckless and the
other person or the individual would be engaging in a terrorist activity or committing an act of
terrorism which is considered to be an offence.
If any individual were considered to be found guilty of advocating terrorism then such
individual would face up to five years of imprisonment. The terrorism is considered to be an
offence under subsection 3 (1) of the Crimes Act and the individual involved in such an act
would be punished for at least five years of imprisonment. It is not considered to be an ancillary
offence in Part 2.4 of the Criminal Code It can be understood from the case of R v
Thomas [2006] VSCA 165.
The sub section 3 (1) of the Crimes Act is considered to define terrorism as an offence
against the Subdivision A of Division 72 of the Criminal Code which are the offences relating to
the explosives and other lethal devices. It is also considered to be an offence against the
Subdivision B of Division 80 of the Criminal Code which relates to the treason offences. In
addition to such it is an offence against Part 5.3 of the Criminal Code which deals with terrorism