R v K [2008] EWCA Crim 185, [2008] All ER (D) 188 (Feb)
Court of Appeal, Criminal Division
Lord Phillips CJ, Owen and Bean JJ
13 February 2008
A document or record will only fall within s 58 of the Terrorism Act 2000 (TA 2000) if it is of a kind that is likely to provide practical assistance to a person committing or preparing an act of terrorism. A document which simply encourages the commission of acts of terrorism does not fall within s 58.
Timothy Moloney (assigned by the registrar of criminal appeals) for the defendant.
Jonathan Sharp (instructed by the Crown Prosecution Service) for the Crown.
The defendant was charged on an indictment containing three counts, each alleging an offence contrary to TA 2000, s 58, namely that the defendant possessed records containing information of a kind likely to be useful to a person committing or preparing an act of terrorism. Count one referred to a CD-Rom containing a copy of the Al Qaeda Training Manual.
Counts two and three related to publications called Zaad-e-Mujahid and The Absent Obligation, which were, respectively, a publication
