Section 147.2 Criminal Code Act | Threatening Harm to Commonwealth Public Official


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Section 147.2 of the Criminal Code Act 1995 (Cth) is Threatening Harm to Commonwealth Public Official and is extracted below.

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

The Legislation

147.2  Threatening to cause harm to a Commonwealth public official etc.

Threatening to cause serious harm

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

(a)  the first person makes to another person (the second person) a threat to cause serious harm to the second person or to a third person; and

(b)  the second person or the third person is a public official; and

(c)  the first person:

(i)  intends the second person to fear that the threat will be carried out; or

(ii)  is reckless as to causing the second person to fear that the threat will be carried out; and

(d)  the first person makes the threat 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

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

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

(dc)  if subparagraph (d)(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:

(e)  if the official is a Commonwealth judicial officer or a Commonwealth law enforcement officer—imprisonment for 9 years; or

(f)  in any other case—imprisonment for 7 years.

(1A)  Absolute liability applies to the paragraphs (1)(da), (db) and (dc) elements of the offence.

Threatening to cause harm

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

(a)  the first person makes to another person (the second person) a threat to cause harm to the second person or to a third person; and

(b)  the second person or the third person is a public official; and

(c)  the first person:

(i)  intends the second person to fear that the threat will be carried out; or

(ii)  is reckless as to causing the second person to fear that the threat will be carried out; and

(d)  the first person makes the threat 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

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

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

(g)  if subparagraph (d)(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:  Imprisonment for 2 years

(2A)  Absolute liability applies to the paragraphs (2)(e), (f) and (g) elements of the offence.

Threatening to cause serious harm to a former Governor-General, former Minister or former Parliamentary Secretary

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

(a)  the first person makes to another person (the second person) a threat to cause serious harm to the second person or to a third person; and

(b)  the second person or the third person is a former Governor-General, a former Minister or a former Parliamentary Secretary; and

(c)  the first person:

(i)  intends the second person to fear that the threat will be carried out; or

(ii)  is reckless as to causing the second person to fear that the threat will be carried out; and

(d)  the first person makes the threat because of:

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

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

Penalty:  Imprisonment for 7 years.

Threats

(4)  For the purposes of this section, a threat may be:

(a)  express or implied; or

(b)  conditional or unconditional.

Unnecessary to prove that a threatened person actually feared harm

(5)        In a prosecution for an offence against this section, it is not necessary to prove that the person threatened actually feared that the threat would be carried out.

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
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