Obstructing a Railway
Obstructing a Railway is an offence under section 213 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:
- You engaged in an act or omitted to do an act or assisted another to engage in an act or omit to do an act
- You did so intentionally
- You did so without a lawful excuse, and
- Your act or omission, or the act or omission of the person you assisted, caused the passage or operation of a locomotive or other rolling stock on a railway to be obstructed.
Defences to the charge include:
- Duress
- Necessity, and
- Self defence.
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