R v Zaheed Hossen

Facts

Zaheed Hossen was stopped with his wife, Ms Amina Ahmed, by police at London Stansted airport on 8 August 2020 as they travelled to Turkey. Police retained his mobile telephone and, on examination, found documents relating to Islamic extremism, including material supportive of Islamic State. He was arrested on his return to the UK on 17 August 2020 and his laptop was seized. He was charged on an indictment containing five counts of dissemination of a terrorist publication contrary to section 2(1) of the Terrorism Act 2006, relating to the sending, between February and May 2019, of 'The Book of Jihad' and '44 Ways to Support Jihad' to four individuals, twice to Ms Ahmed, who later became his wife. It was not disputed that both documents were terrorist publications or that he had sent them; the issue was whether he intended to encourage acts of terrorism or was reckless as to that effect, or whether, as he maintained, he had circulated them merely for discussion. After the jury retired at the Crown Court at Kingston before HHJ Lodder KC and sent a note about recklessness, the defence sought for the first time to rely on the statutory defence in section 2(9) and (10) of the Terrorism Act 2006; the judge declined to leave it. The appellant was convicted on all counts and sentenced on 10 December 2024 to seven years, comprising six years' imprisonment concurrent on each count with a one-year extension period under section 278 of the Sentencing Act 2020. He appealed against conviction and sentence with leave of the full court.