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


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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The Legislation

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).