Section 80.2B Criminal Code Act | Urging Violence Against Members of Groups


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Section 80.2B of the Criminal Code Act 1995 (Cth) is Urging Violence Against Members of Groups and is extracted below. If you require Expert Legal

Advice from an Experienced Criminal Defence Lawyer for your Urging Violence Against Members of Groups matter, call Sydney Criminal Lawyers® today on (02) 9261 8881.

The Legislation

80.2B  Urging violence against members of groups Offences

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

(a)  the first person intentionally urges another person, or a group, to use force or violence against a person (the targeted person); and

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

(c)  the first person does so because of his or her belief that the targeted person is a member of a group (the targeted group); and

(d)  the targeted group is distinguished by race, religion, nationality, national or ethnic origin or political opinion; and

(e)  the use of the force or violence would threaten the peace, order and good government of the Commonwealth.

Penalty:  Imprisonment for 7 years. Note:          For intention, see section 5.2.

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

(a)  the first person intentionally urges another person, or a group, to use force or violence against a person (the targeted person); and

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

(c)  the first person does so because of his or her belief that the targeted person is a member of a group (the targeted group); and

(d)  the targeted group is distinguished by race, religion, nationality, national or ethnic origin or political opinion.

Penalty:  Imprisonment for 5 years. Note:          For intention, see section 5.2.

(3)  For the purposes of paragraphs (1)(c) and (2)(c), it is immaterial whether the targeted person actually is a member of the targeted group.

(4)  The fault element for paragraphs (1)(d) and (2)(d) is recklessness.

Note:          For recklessness, see section 5.4. Alternative verdict

(5)  Subsection (6) applies if, in a prosecution for an offence (the prosecuted offence) against subsection (1), the trier of fact:

(a)  is not satisfied that the defendant is guilty of the offence; but

(b)  is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the alternative offence) against subsection (2).

(6)  The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

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

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
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