Negligently permitting an escape from lawful custody is an offence under section 310F(2) of the Crimes Act 1900, which carries a maximum penalty of 2 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
A ‘correctional centre officer’ includes any person employed by the management company of a managed correctional centre who has custody of an inmate at, or travelling to or from, a correctional centre.
An ‘inmate’ includes:
It does not include:
An ‘act of negligence’ in the context of a criminal offence is one that exhibits:
“Such a high degree of disregard… as to be regarded as a crime against the community generally”.
Defences to the charge include:
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