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:
- You endangered the safety of any person on, or being conveyed on, a railway, and
- 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:
- Duress
- Necessity, and
- Self defence.
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