The Guardian Australia recently reported a shocking case whereby counter-terrorism police encouraged an autistic 13-year-old boy in Victoria to engage in terrorism offences he would unlikely have otherwise committed.
The revelations came to light in the wake of a Victorian Children's Court decision to dismiss the charges brought against the boy, known only under the pseudonym ‘Thomas Carrick' or ‘TC'.
The case highlights the fact that while entrapment is not a formal legal defence in Australia, actions by police which undermine the justice system may nevertheless result in criminal charges being dismissed in court.
Here's an outline of the case itself, including the key legal issues at play such as the laws relating to ‘controlled operations', why the case was dismissed, and the essential elements of the criminal offences of joining a terrorist organisation and advocating terrorism.
