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Committing an Act to Property With Intent to Murder

Committing an Act to Property with Intent to Murder is an offence under Section 28 of the Crimes Act 1900 which carries a maximum penalty of 25 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You set fire to a vessel or anything on it , or cast it away or destroyed it, or used an explosive to damage or destroy a building, or placed or threw any thing on or across a railway, or removed or displaced a sleeper or anything else belonging to a railway, and
  1. You intended by doing so to commit murder

The offence carries a ‘standard non parole period’ of 10 years in prison which is a guidepost or reference point for the sentencing judge when determining the minimum term you must spend in prison before being eligible to apply for release on parole.

Defences to the charge include:

  1. Self defence
  2. Duress, and
  3. Necessity

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