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Harbouring an Escapee

Harbouring an escapee is an offence under section 310G 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 harboured, maintained or employed a person
  2. The person was an escaped inmate, and
  3. You knew the person was an escaped inmate.

‘Harboured’ includes taking the inmate into your home or providing them with shelter at another premises you own or occupy.

‘Maintained’ includes providing monetary resources and sustenance.

‘Employed’ means providing work for which any form of compensation is provided.

An ‘escaped inmate’ includes a person who has escaped from lawful custody from a correctional centre or immigration detention centre in another state or territory.

Defences to the charge include:

  1. Duress
  2. Necessity, and
  3. Self defence, including the defence of another.

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