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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:

  1. 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
  2. You did so intentionally
  3. You did so without a lawful excuse, and
  4. 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:

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

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