Save pages and articles you’re most interested in to read later on.
Assisting prisoners of war to escape is an offence under section 83.2 of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 15 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
‘Prisoners of war’ include any of the following who have “fallen into the power of any enemy”:
‘International armed conflict’ includes:
“all cases of declared war or of any other armed conflict which may arise between two or more… [nations] even if the state of war is not recognized by one of them”.
It covers “all cases of partial or total occupation of the territory… [of a nation] even if the said occupation meets with no resistance”.
Proceedings for the offence cannot be commenced without the Attorney-General’s consent.
Defences to the charge include:
Kent Park is an amazing lawyer. He is professional, efficient, helpful, and most importantly, he…
I would highly recommend Wissam Philopos from Sydney Criminal lawyers. Professional, organised and compressible, I couldn’t…
Great service. Thanks Fahim for your great work. Excellent results. More than happy to refer…
Wissam is a champion lawyer he was successful in getting my mates bail and went…