Advocating Mutiny is an offence under section 83.1 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 engaged in conduct
- Your conduct involved advocating a mutiny
- You were reckless as to whether your conduct would result in a member of the Australian Defence Force (ADF) taking part in a mutiny, and
- You knew you were an Australian resident or citizen at the time of your conduct, or you knew you voluntarily put yourself under the protection of the Commonwealth, or you were a body corporate under a Commonwealth, State or Territory Law.
A ‘mutiny’ is conduct by persons, at least two of whom are members of the ADF, to:
- Overthrow lawful authority in the ADF or a force of another country acting with the ADF, or
- Resist lawful authority in the ADF so as to substantially prejudice its operational efficiency or the operational efficiency of another country acting with the ADF.
You ‘advocated’ a mutiny if you counselled, promoted, encouraged or urged it.
You may be found guilty even if a mutiny did not eventuate.
You were ‘reckless’ if you were aware there was a substantial risk that your conduct would result in mutiny and it was unjustifiable to take that risk, but you went ahead with your actions regardless.
Proceedings for the offence cannot be commenced without the Attorney-General’s consent
Defences to the charge include self-defence and duress.
If you are going to court for Advocating Mutiny, 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.
83.1 Advocating mutiny
(1) A person (the advocate ) commits an offence if:
(a) the advocate engages in conduct; and
(b) the conduct involves advocating mutiny; and
(c) the advocate engages in the conduct reckless as to whether the result will be that a defence member (within the meaning of the Defence Force Discipline Act 1982 ) will take part in a mutiny; and
(d) at the time the advocate engages in the conduct:
(i) the advocate knows that the advocate is an Australian citizen or a resident of Australia; or
(ii) the advocate knows that the advocate has voluntarily put himself or herself under the protection of the Commonwealth; or
(iii) the advocate is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory.
Note: The defence in section 80.3 for acts done in good faith applies to this offence.
Penalty: Imprisonment for 7 years.
(1A) For the purposes of this section:
(a) a person advocates mutiny if the person counsels, promotes, encourages or urges mutiny; and
(b) a reference to advocating mutiny includes a reference to:
(i) advocating mutiny even if mutiny does not occur; and
(ii) advocating a specific mutiny; and
(iii) advocating more than one mutiny.
(2) A mutiny is a combination between persons who are, or at least 2 of whom are, members of the Australian Defence Force:
(a) to overthrow lawful authority in the Australian Defence Force or in a force of another country that is acting in cooperation with the Australian Defence Force; or
(b) to resist such lawful authority in such a manner as to substantially prejudice the operational efficiency of the Australian Defence Force or of, or of a part of, a force of another country that is acting in cooperation with the Australian Defence Force.
(3) Strict liability applies to subparagraph (1)(d)(iii).
(4) Section 15.4 (extended geographical jurisdiction–category D) applies to an offence against this section.
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