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Section 147.1 Criminal Code Act
Causing Harm to Commonwealth Public Official

Section 147.1 of the Criminal Code Act 1995 (Cth) is Causing Harm to Commonwealth Public Official and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Causing Harm to Commonwealth Public Official matter, call Sydney Criminal Lawyers® today on (02) 9261 8881.

The Legislation

147.1  Causing harm to a Commonwealth public official etc.

Causing harm to a Commonwealth public official

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

(a)  the first person engages in conduct; and

(b)  the first person’s conduct causes harm to a public official; and

(c)  the first person intends that his or her conduct cause harm to the official; and

(d)  the harm is caused without the consent of the official; and

(e)  the first person engages in his or her conduct because of:

(i)  the official’s status as a public official; or

(ii)  any conduct engaged in by the official in the official’s capacity as a public official; and

(ea)  the public official is a Commonwealth public official; and

(eb)  if subparagraph (e)(i) applies—the status mentioned in that subparagraph was status as a Commonwealth public official; and

(ec)  if subparagraph (e)(ii) applies—the conduct mentioned in that subparagraph was engaged in by the official in the official’s capacity as a Commonwealth public official.

Penalty:

(f)  if the official is a Commonwealth judicial officer or a Commonwealth law enforcement officer—imprisonment for 13 years; or

(g)  in any other case—imprisonment for 10 years.

(1A)  Absolute liability applies to the paragraphs (1)(ea), (eb) and (ec) elements of the offence.

(1B)  If:

(a)  a person is charged with an offence against subsection (1); and

(b)  the public official concerned is a Commonwealth judicial officer or a Commonwealth law enforcement officer;

a court of summary jurisdiction may, with the consent of the defendant and the prosecutor and if the court is satisfied that it is proper to do so, determine the charge summarily.

(1C)  If a court of summary jurisdiction convicts a person of an offence against subsection (1) in accordance with subsection (1B), the penalty that the court may impose is a sentence of imprisonment not exceeding 2 years or a fine not exceeding 120 penalty units, or both.

Causing harm to a former Governor-General, former Minister or former Parliamentary Secretary

(2)  A person (the first person) is guilty of an offence if:

(a)  the first person engages in conduct; and

(b)  the first person’s conduct causes harm to another person; and

(c)  the other person is a former Governor-General, a former Minister or a former Parliamentary Secretary; and

(d)  the first person intends that his or her conduct cause harm to the other person; and

(e)  the harm is caused without the consent of the other person; and

(f)  the first person engages in his or her conduct because of:

(i)  the other person’s status as a former Governor-General, former Minister or former Parliamentary Secretary; or

(ii)  any conduct engaged in by the other person in the other person’s former capacity as a Governor-General, Minister or Parliamentary Secretary.

Penalty:            Imprisonment for 10 years.

Why Sydney Criminal Lawyers®?

Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.

Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on
(02) 9261 8881 and book your FREE first conference
with our criminal law specialists.

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