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Intending to Cause Death or Injury on a Railway

Intending to Cause Death or Injury on a Railway is an offence under section 211(1) 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 engaged in an act in connection with the operation of a railway, or you omitted to do an act in connection with the operation of a railway when you had a duty to perform that act, and
  2. You intended by doing so, or neglecting to do so, to cause the death of, inflict bodily injury on, or endanger the safety of any person on the railway, or in or on any locomotive, or any other rolling stock on the railway

Defences to the charge include:

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

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