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Jane is charged under the (imaginary) National Security Act 2008 (NSA 2008). A manual, detailing how the Vietnamese Liberation Army targeted bridges to blow up, was found in a suitcase in her loft, in a folder marked ‘War Memories’. Under s.5 of NSA 2008, it is an offence to knowingly possess material that may be used for terrorist purposes. Under s.6 of NSA 2008 it is a defence for the defendant to prove that she did not know the material in her possession could be used for terrorist purposes. The maximum penalty for this indictable offence is seven years’ imprisonment. Advise Jane on the burden and standard of proof

 

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