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Endangering Passengers on a Railway

Endangering Passengers on a Railway is an offence under section 212 of the Crimes Act 1900, which carries a maximum penalty of 3 years in prison.

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

  1. You endangered the safety of any person on, or being conveyed on, a railway, and
  2. You did so by way of an unlawful act or negligent omission

A ‘negligent omission’ is where you were under a duty of care to perform an act, but fell short of the standard of care a reasonable person would exercise by failing to perform that act.

Defences to the charge include:

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

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