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:
- You intentionally urged another person or group to use force or violence against a person
- You did so due to your belief the targeted person was a member of a group
- You intended the force or violence to be carried out
- The targeted person is distinguished by race, religion, nationality, national or ethnic origin or political opinion, and
- 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:
- 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
- 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:
- Self defence
- Duress, and
- Necessity
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