Going to Court? Book Your Free First Appointment

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

What Our Clients Say SEE ALL

  • ★★★★★

    Best possible outcome on a very sensitive case

    This is a gesture of appreciation, not only from myself but also on behalf of…

  • ★★★★★

    Very helpful and supportive all through out the whole process

    Very happy with the outcome towards the end of a very difficult situation. I will…

  • ★★★★★

    Great professionalism and empathy

    My experience with Sydney Criminal Lawyers was one of great professionalism and empathy. Our lawyer…

  • ★★★★★

    It is rare a lawyer has such sensitivity towards their clients needs

    Sydney Criminal Lawyers has been an incredible contribution towards ensuring justice was achieved for one…

Going to Court? Call For Your Free First Appointment