Accused Christchurch mosque shooter Brenton Tarrant could avoid terror charges amid fears the trial will allow him to 'espouse' his ideological views.
The suspected gunman was charged with one count of murder over the weekend, but authorities are now weighing up all options including charges under the Terrorism Suppression Act.
Legal experts, however, have warned that a trial on terrorism charges will pose more of a challenge for prosecutors, while also having unintended consequences for the families of the victims.
They would have to prove Tarrant intended to kill and terrorise a community based on political and ideological reason - as opposed to just murder.
Tarrant could now face multiple murder charges, according to experts.
Brenton Tarrant (pictured) has been charged with one initial count of murder over the mass shootings that killed 50 people in the southern city of Christchurch and faces life in prison
Tarrant was arrested on the sidewalk by two training police officers on Friday after he allegedly shot and killed 50 Muslim worshipers
'In my view, the elements are all made out, but to minimise the impact on victims, straight murder is easier to prove,' former Crown prosecutor Ross Burns told Stuff.
'And there's less scope [for the accused] to use a platform to espouse his ideological reasons.'
'You've got 50 people killed and probably ten times that number directly affected so it will be a long trial and will be unduly traumatic for everyone,' he added.
Burns previously led New Zealand's Operation 8 case, the only known case to use the Terrorism Suppression Act 2002 during the 2007 police raids trial.
The charges were later abandoned after it was ruled that evidence under that legislation could not be used and four people were convicted on firearm charges.
If tried under terror charges, Burns said Tarrant could use the trial as platform to tout his extremist views.
In his 74-page manifesto, Tarrant allegedly revealed his Neo-Nazi ideology and hatred for Muslims.
'If he's denied a platform, he's failed in his objective,' Burns said.
Alexander Gillespie, a law professor at Waikato University in New Zealand, said it's possible Tarrant will face multiple murder charges, 9news reported.
'There's a lot of debate on whether he should be charged under terrorism legislation or whether he should be charged under the Crimes Act for the simple act of murder - in many ways it's academic debate,' he said.
In New Zealand, being found guilty of murder usually comes with a minimum of ten years in jail before possible parole.
Legal experts have said the 28-year-old Australian's alleged crimes were so extreme they could warrant the heaviest sentence imposed by a judge in the South Pacific nation since the abolition of the death penalty in 1961.
A Muslim man kneels facing the Masjid Al Noor mosque surrounded by flowers and tributes to the victims
Young women weep as they hold each other for comfort during a students vigil near Al Noor mosque on Monday
Nearly three days since the horrific terror attack in Christchurch which left 50 worshippers dead, new details about the innocent victims are emerging
'He may be sentenced to imprisonment without parole. There is a very significant possibility,' criminal lawyer Simon Cullen told AFP, adding that such a sentence would be 'unprecedented'.
'This would seem to be... the type of situation that may well attract consideration of that type of sentence.'
The longest-ever murder sentence imposed in New Zealand was in 2001, when a judge sentenced William Bell to life imprisonment with a 30-year minimum term for a triple murder.
University of Auckland criminal procedure expert Bill Hodge said despite Prime Minister Jacinda Ardern labelling the massacre an act of terrorism, prosecutors may shy away from terror charges.
The Terrorism Suppression Act was only introduced in 2002, after the US 9/11 attacks and is untested in the courts.
'We haven't used our terrorism laws previously and the laws are designed to inhibit or prosecute those involved with groups and financing and publications and the like,' Hodge told AFP.
A woman is seen paying her respects to victims by floral tributes laid outside the mosque
'I'll kill as many invaders as I can': Christchurch 'copycat' threatens to murder Muslim worshippers at an Australian mosque
Kylie Stevens for Daily Mail Australia
A Christchurch 'copycat' has made a chilling post on social media threatening to kill worshippers at a mosque in regional Victoria.
Victoria Police has confirmed they are investigating a report of 'concerning' social media posts detailing plans to carry out a mass shooting at the Islamic Society of Geelong mosque.
The threats were made on Sunday, just hours after hundreds of worshippers and community members flocked to the mosque to pay their respects to the 50 people killed in New Zealand's Christchurch terrorist attack on Friday.
Imam Shaykh Mohammad Ramzan (second right) welcomed thousands at the Geelong mosque on Sunday, including federal Labor frontbencher Richard Marles (second left) and Labor federal member Libby Coker (right)
The anonymous post was directed at Geelong.
'Yes I am a copy cat I will be visiting the mosque and kill as many invaders as I can in the time I get I will then shoot myself in front of police,' the post stated.
Police attended the mosque on Sunday night and conducted checks. The area was deemed safe before before the mosque was closed for the evening shortly after 6.30pm.
An anonymous post directed at the mosque threatened to 'kill as many invaders as I can'
'Local police have reached out to leaders from within the mosque community and will also ensure an increased police presence in and around the area,' a Victoria Police spokeswoman told Daily Mail Australia.
'It is concerning that at times we see members of the community think they are entitled to use intimidation and or violence to express their views and are intolerant of communities.'
'As the investigation is ongoing it wouldn't be appropriate to comment further at this stage.'
The mosque represents more than 8,000 Muslim families in Geelong, according to its website.
'Our vision is to build a better community for all Australians through the empowerment of Muslim,' it states.
Victoria Police are investigating social media threats towards the Geelong mosque (pictured)
Sorry we are not currently accepting comments on this article.