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Urging Violence against Members of Groups is an offence under Section 80.2B of the Criminal Code Act 1995 (Cth) which carries a maximum penalty of 7 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
The maximum penalty is 5 years if the prosecution fails to prove last ‘element’.
You are not guilty of the offence if you acted in ‘good faith’, which includes:
The onus is on you to establish the defence ‘on the balance of probabilities’.
Other defences to the charge include:
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