Publicly threatening or inciting violence is an offence under section 93Z of the Crimes Act 1900, which carries a maximum penalty of 3 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You intentionally or recklessly threatened or incited violence towards another person or group
- You did so by way of a public act, and
- You did so on grounds of the other person’s or group’s race, religious belief or affiliation, sexual orientation, gender identity, intersex status, or HIV or AIDS status.
A ‘public act’ includes:
- Any form of communication to the public, including speaking, writing, displaying notices, playing recorded material, and broadcasting and communicating through social media and other electronic means
- Any conduct observable by the public, including actions, gestures, wearing or displaying clothing, signs, flags, emblems or insignia, and
- Distributing or disseminating any matter to the public.
An act may be public even if it originates or occurs on private land.
‘Race’ includes colour, nationality, descent and ethnic, ethno-religious or national origin.
‘Religious belief or affiliation’ means holding or not holding a religious belief or view.
‘Sexual orientation’ means a person’s sexual orientation towards:
- Persons of the same sex
- Persons of a different sex, or
- Persons of the same sex and persons of a different sex
‘Gender identity’ means the gender related identity, appearances, mannerisms or other gender related characteristics of a person without regard to the person’s designated sex at birth.
‘Intersex status’ means the status of having physical, hormonal or genetic features that are:
- Neither wholly female nor wholly male
- A combination of female and male, or
- Neither female nor male
‘Violence’ includes violence towards persons as well as property.
To establish your guilt, the prosecution does not need to prove that:
- Your views were incorrect or correct, or
- Any person formed a particular state of mind or carried out a violent act
Proceedings for the offence can only be commenced with the approval of the DPP.
Defences to the charge include:
- Self defence, and
If you are going to court for Publicly Threatening or Inciting Violence on Grounds of Race, Religion, Sexual Orientation, Gender Identity or Intersex or HIV/AIDS Status, call Sydney Criminal Lawyers 24/7 on (02) 9261 8881 to arrange a free first conference with an experienced defence lawyer who will advise you of your options and the best way forward, and fight to secure the optimal outcome.
Read on for more information.
Section 93Z of the Crimes Act 1900 (NSW) deals with the offence of “publicly threatening for inciting violence on grounds of race” and reads as follows:
93Z Offence of publicly threatening or inciting violence on grounds of race, religion, sexual orientation, gender identity or intersex or HIV/AIDS status
(1) A person who, by a public act, intentionally or recklessly threatens or incites violence towards another person or a group of persons on any of the following grounds is guilty of an offence:
(a) the race of the other person or one or more of the members of the group,
(b) that the other person has, or one or more of the members of the group have, a specific religious belief or affiliation,
(c) the sexual orientation of the other person or one or more of the members of the group,
(d) the gender identity of the other person or one or more of the members of the group,
(e) that the other person is, or one or more of the members of the group are, of intersex status,
(f) that the other person has, or one or more of the members of the group have, HIV or AIDS.
(a) in the case of an individual–100 penalty units or imprisonment for 3 years (or both), or
(b) in the case of a corporation–500 penalty units.
(2) In determining whether an alleged offender has committed an offence against this section, it is irrelevant whether the alleged offender’s assumptions or beliefs about an attribute of another person or a member of a group of persons referred to in subsection (1) (a)-(f) were correct or incorrect at the time that the offence is alleged to have been committed.
(3) In determining whether an alleged offender has committed an offence against this section of intentionally or recklessly inciting violence, it is irrelevant whether or not, in response to the alleged offender’s public act, any person formed a state of mind or carried out any act of violence.
(4) A prosecution for an offence against this section is not to be commenced without the approval of the Director of Public Prosecutions.
(5) In this section:
“gender identity” means the gender related identity, appearance or mannerisms or other gender related characteristics of a person (whether by way of medical intervention or not), with or without regard to the person’s designated sex at birth.
“intersex status” means the status of having physical, hormonal or genetic features that are:
(a) neither wholly female nor wholly male, or
(b) a combination of female and male, or
(c) neither female nor male.
“public act” includes:
(a) any form of communication (including speaking, writing, displaying notices, playing of recorded material, broadcasting and communicating through social media and other electronic methods) to the public, and
(b) any conduct (including actions and gestures and the wearing or display of clothing, signs, flags, emblems and insignia) observable by the public, and
(c) the distribution or dissemination of any matter to the public.
For the avoidance of doubt, an act may be a public act even if it occurs on private land.
“race” includes colour, nationality, descent and ethnic, ethno-religious or national origin.
“religious belief or affiliation” means holding or not holding a religious belief or view.
“sexual orientation” means a person’s sexual orientation towards:
(a) persons of the same sex, or
(b) persons of a different sex, or
(c) persons of the same sex and persons of a different sex.
“violence” includes violent conduct and
“violence towards a person or a group of persons” includes violence towards property of the person or a member of the group, respectively.
Why Choose Sydney Criminal Lawyers®?
Going to court can be nerve-racking, but having a strong and compassionate legal team behind you can make the experience significantly easier to deal with. Here are 12 reasons to choose our multi-award winning legal team:
Proven Track Record of Exceptional Results
Sydney Criminal Lawyers® consistently achieves outcomes which are in the highest percentile of the Judicial Commission’s sentencing statistics for criminal cases.
Our legal team devises effective case-strategies and fights hard to have cases dropped entirely or charges downgraded – saving clients the time, expense and stress of a defended hearing or jury trial.
Where cases nevertheless proceed, our lawyers have an outstanding track record of winning defended Local Court hearings, and complex jury trials in the District and Supreme Courts.
We also consistently win appeals in the District and Supreme Courts (including the NSWCCA) after clients have received unsatisfactory results with other law firms in the lower courts.We are one of the few firms to achieve successful criminal law appeals in the High Court of Australia.
Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.
Highest Level of Client Satisfaction
We have the best and most comprehensive client review record of any law firm in Australia.
Regular communication, accessibility and quality service are our team’s highest priorities.
We are committed to thoroughly explaining all steps involved in the criminal law process, providing regular updates throughout the proceedings, and making ourselves accessible and responsive.
We are passionate about providing an exceptional level of service to our clients, and we fight hard to achieve optimal results in the shortest period of time.
Australia’s Most Awarded Criminal Law Firm
We have received more awards and accolades than any other criminal law firm in Australia. Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running.
The awards recognise our exceptional track record of results, our outstanding client service, the high level of satisfaction we achieve, the affordability of our services and our overall excellence.
We want our clients to know exactly how much their cases will cost from the very start. That’s why we were the first criminal law firm in Australia to publish ‘fixed fees’, back in 2004.
We offer fixed fees for most types of criminal cases and services.Our fixed fees apply to a range of Local Court cases such as drink driving, drug possession, fraud, common assault and AVOs, and also specific services such as prison visits, bail applications, appeals and defended hearings.
Unlike many other law firms, our fixed fees are published on our website – which ensures transparency and certainty.
Free First Appointment
For those who are going to court, we offer a free first conference of up to an hour with one of our Senior Criminal Defence Lawyers.
We also offer a free first conference to those who have received an unsatisfactory result after being represented in court by another law firm, or after representing themselves, and wish to appeal.
Specialist Lawyer Guarantee
We guarantee that only lawyers with substantial criminal defence experience will work on your case and appear for you in court.
This ensures our clients receive the highest quality representation from an experienced, specialist criminal lawyer.
All NSW Courts
From Bombala to Broken Hill, our lawyers appear in courts throughout New South Wales – and across Australia for Commonwealth cases.
And we offer fixed fees for most criminal and traffic law cases throughout the state.
Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.
All of our lawyers have years of experience representing clients in criminal cases, and our principal has been certified by the Law Society of NSW as an Accredited Criminal Law Specialist since 2005.
An ‘Accredited Specialist’ is a lawyer who has practised for at least 5 years in a particular field of law (such as criminal law), has passed a rigorous assessment process conducted by the Law Society of NSW, and has been selected by the Specialist Accreditation Committee of the Law Society as an expert in the field.
Accredited Specialists are required to undertake more training each year than other lawyers and must be successful in having their accreditation renewed every year. Specialist Accreditation is the mark of a true specialist.
Our firm’s specialist experience ensures you receive the best possible result, whatever your criminal law case may be.
Results-Focused Law Firm
Our team is passionate about achieving results, and unlike many other law firms, our lawyers do not have monthly financial ‘budgets’ to meet.
The absence of budgets means our lawyers are entirely focused on achieving optimal results in the shortest space of time; whether by getting charges dropped or downgraded at an early stage or having cases ‘thrown out of court’.
Not having budgets also means our lawyers are not under pressure to engage in unscrupulous practices such as unnecessarily adjourning cases or ‘overcharging’ clients – which, sadly, is a common complaint against many other lawyers and law firms.
No budgets encourages regular consultation between lawyers within the firm – promoting an ‘open door’, team environment where lawyers bounce ideas off one another, formulate case strategy together and benefit from each other’s specialised experience, methods, techniques and insights.
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Team of Lawyers Behind You
Our clients benefit from the pool of knowledge that only an extensive team of experienced criminal defence lawyers can provide.
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A team approach is particularly important when it comes to serious criminal cases such as murder, commercial drug cases, serious and sexual assaults, large-scale fraud, robbery and other ‘indictable’ cases.
In such matters, clients reap the benefits of several lawyers devising and executing case strategies which maximise the chances of having cases dropped or downgraded at an early stage, or ‘thrown out of court’ – often saving clients a great deal of cost, time and anxiety.
Familiar with Magistrates and Judges
Each of our lawyers appears in court on a daily basis, and has done so for years. We have therefore been able to develop an understanding of, and rapport with, magistrates and judges in Sydney and indeed across the state.
Our team’s extensive experience before the courts ensures your case is tailored to the specific nuances of individual judicial officers, maximising the likelihood of a favourable result.
We have offices in locations across the Sydney Metropolitan Area and beyond, including:
- the Sydney CBD, on Castlereagh Street, directly opposite Downing Centre Court,
- Liverpool, directly opposite Liverpool Local Court, and
- Parramatta, near the justice precinct.
We offer free parking at our Sydney CBD and Liverpool locations, and all of our offices are close to train stations and bus terminals.
For those who are unable to attend our offices, we offer conferences by telephone, Skye and FaceTime anywhere around the world.
If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at firstname.lastname@example.org.