Section 80.2 Criminal Code Act | Urging Violence Against Constitution


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Section 80.2 of the Criminal Code Act 1995 (Cth) is Urging Violence Against Constitution and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Urging Violence Against Constitution matter, call Sydney Criminal Lawyers® today on
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The Legislation

80.2  Urging violence against the Constitution etc.

Urging the overthrow of the Constitution or Government by force or violence

(1)  A person (the first person) commits an offence if:

(a)  the first person intentionally urges another person to overthrow by force or violence:

(i)  the Constitution; or

(ii)  the Government of the Commonwealth, of a State or of a Territory; or

(iii)  the lawful authority of the Government of the Commonwealth; and

(b)  the first person does so intending that force or violence will occur.

Penalty:  Imprisonment for 7 years.

Note:          For intention, see section 5.2.

(2)  Recklessness applies to the element of the offence under subsection (1) that it is:

(a)  the Constitution; or

(b)  the Government of the Commonwealth, a State or a Territory; or

(c)  the lawful authority of the Government of the Commonwealth;

that the first person urges the other person to overthrow.

Urging interference in Parliamentary elections or constitutional referenda by force or violence

(3)  A person (the first person) commits an offence if:

(a)  the first person intentionally urges another person to interfere, by force or violence, with lawful processes for:

(i)  an election of a member or members of a House of the Parliament; or

(ii)  a referendum; and

(b)  the first person does so intending that force or violence will occur.

Penalty:  Imprisonment for 7 years.

Note:          For intention, see section 5.2.

(4)  Recklessness applies to the element of the offence under subsection (3) that it is lawful processes for an election of a member or members of a House of the Parliament, or for a referendum, that the first person urges the other person to interfere with.

Note:          There is a defence in section 80.3 for acts done in good faith.

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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.

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