Australia's first convicted terrorist to stay in jail, High Court rules

A convicted terrorist who plotted to attack the AFL grand final will stay in jail despite completing his sentence, the High Court has ruled.

Abdul Nacer Benbrika was sentenced to 15 years in jail in 2009 with a non-parole period of 12 years.

Benbrika's sentence expired on November 5 but an interim order from the Victorian Supreme Court kept him behind bars.

READ MORE: Terrorist will stay in Australian jail despite sentence ending

Abdul Nacer Benbrika.

The Supreme Court found Benbrika had not given up his extremist views and had a high risk of reoffending.

The High Court upheld the decision today.

He was the first convicted terror leader in Australia.

"On 15 September 2008, Mr Abdul Nacer Benbrika was convicted by the Supreme Court of Victoria of being a member of a terrorist organisation and directing the activities of a terrorist organisation," the High Court's judgement summary read.

"At trial, the Crown case was that Mr Benbrika and others were members of a Melbourne-based terrorist organisation that was fostering or preparing the doing of a terrorist act in Australia or overseas."

Benbrika was arrested in 2005 for plotting to attack the AFL grand final as well as Sydney's Lucas Heights nuclear reactor.

Last year his Australian citizenship was revoked, meaning Benbrika would face deportation to his birth country of Algeria if released from prison.

READ MORE: Timeline of Australian terror attacks



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