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Urging Violence Against Members of Groups

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:

  1. You intentionally urged another person or group to use force or violence against a person
  2. You did so due to your belief the targeted person was a member of a group
  3. You intended the force or violence to be carried out
  4. The targeted person is distinguished by race, religion, nationality, national or ethnic origin or political opinion, and
  5. The use of force or violence threatened the peace, order and good government of the Commonwealth

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:

  1. Pointing out matters that produce, or have a tendency to produce, feelings of ill-will or hostility between different groups, in order to bring about the removal of those matters, or
  2. Publishing a report or commentary about a matter of public interest

The onus is on you to establish the defence ‘on the balance of probabilities’.

Other defences to the charge include:

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

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