Advocating genocides an offence under section 80.2D of the Criminal Code Act 1995 (Cth) which carries a maximum penalty of 7 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You advocated genocide, and
- You were reckless as to whether another person would engage in genocide as a result of your conduct.
To ‘advocate’ is to counsel, promote, encourage or urge.
Offences of ‘genocide’ are contained in section 268 of the Act, and include:
- Targeted killings of members of particular national, ethnical, racial or religious groups
- Causing serious bodily harm to members of such groups
- Inflicting conditions to bring about the physical destruction of such groups
- Imposing measures intended to prevent births by members of such groups, and
- Forcibly transferring children of such groups.
You may be guilty of advocating genocide even if genocide did not result from your conduct.
You are not guilty if your conduct was in ‘good faith’, which includes:
- Pointing out matters that produce, or have a tendency to produce, feelings of ill-will or hostility between different groups in order to bring about the removal of those matters, or
- Publishing a report or commentary about a matter of public interest.
The onus is on you to establish that defence ‘on the balance of probabilities’.
Other defences include:
- Duress, and
If you are going to court for Advocating Genocide, 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.
80.2D Advocating genocide
(1) A person commits an offence if:
(a) the person advocates genocide; and
(b) the person engages in that conduct reckless as to whether another person will engage in genocide.
Note: There is a defence in section 80.3 for acts done in good faith.
Penalty: Imprisonment for 7 years.
(2) A person cannot be tried by a federal court or a court of a State or Territory for an offence against subsection (1) if the person has already been convicted or acquitted by the International Criminal Court for an offence constituted by substantially the same conduct as constituted the offence against subsection (1).
(3) In this section:
“advocate” means counsel, promote, encourage or urge.
“genocide” means the commission of an offence against Subdivision B (genocide) of Division 268, other than:
(a) an offence against section 11.1 (attempt), 11.4 (incitement) or 11.5 (conspiracy) to the extent that it relates to an offence against that Subdivision; or
(b) an offence against that Subdivision that a person is taken to have committed because of section 11.2 (complicity and common purpose), 11.2A (joint commission) or 11.3 (commission by proxy).
(4) A reference in this section to advocating genocide includes a reference to:
(a) advocating genocide, even if genocide does not occur; and
(b) advocating the commission of a specific offence that is genocide; and
(c) advocating the commission of more than one offence, each of which is genocide.
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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 email@example.com.