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Treason

Treason is an offence under Section 80.1 of the Criminal Code Act 1995 (Cth) which carries a maximum penalty of life in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that you:

  1. Killed the sovereign, sovereign’s heir, governor-general or prime minister, or
  2. Harmed the sovereign, governor-general or prime minister leading to their death, or
  3. Harmed, imprisoned or restrained the sovereign, governor-general or prime minister, or
  4. Levied war, or undertook an act preparing for war, against the Commonwealth, or
  5. Instigated a non-citizen to invade the Commonwealth, or one of its territories

Defences to the charge include:

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

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