Section 71.5 Criminal Code Act | Recklessly Cause Serious Harm to UN or Associated Person


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The Legislation

Section 71.5 of the Criminal Code Act 1995 (Cth) is Recklessly Cause Serious Harm to UN or Associated Person and is extracted below.

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71.5  Recklessly causing serious harm to a UN or associated person

(1)  A person is guilty of an offence if:

(a)  the person’s conduct causes serious harm to another person; and

(b)  that other person is a UN or associated person; and

(c)  the UN or associated person is engaged in a UN operation that is not a UN enforcement action; and

(d)  the first-mentioned person is reckless as to causing serious harm to the UN or associated person or any other person by the conduct.

Maximum penalty: Imprisonment for 15 years.

Maximum penalty (aggravated offence): Imprisonment for 19 years.

Note 1:       Section 71.23 defines UN enforcement action, UN operation and UN or associated person.

Note 2:       Section 71.13 defines aggravated offence.

(2)  Strict liability applies to paragraphs (1)(b) and (c).